Disposed

Mhasikhonu Phinyo v. the Union of India and 3 Ors.

Gauhati HC10 Mar 2026PIL/15/2020

Case brief

AI extract

What is this about?

In this PIL, the petitioner sought directions to implement the National Food Security Act and Supplementary Nutrition Rules, 2017, including hot cooked meals and take-home rations. The Court found the schemes were being implemented via Poshan Tracker and directed the government to address specific grievances through existing channels before closing the petition.

What did the court decide?

Custody of the matter remained with the Social Welfare Department to handle individual grievances; the general PIL petition was closed.

Mhasikhonu Phinyo Vs the Union of India and… — Pension and Retirement Benefits | Gauhati HC (2026)

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GAHC020005142020

2026:GAU-NL:111

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH

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Case No. : PIL/15/2020

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MHASIKHONU PHINYO PRESENT RESIDENT OF A.G. COLONY, KOHIMA - 797001, NAGALAND

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VERSUS

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THE UNION OF INDIA AND 3 ORS REPRESENTED BY THE SECRETARY, MINISTRY OF WOMEN AND CHILD DEVELOPMENT, GOVT. OF INDIA, SHASTRI BHAWAN, NEW DELHI

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2:THE STATE OF NAGALAND REPRESENTED BY THE CHIEF SECRETARY GOVT. OF NAGALAND CIVIL SECRETARIAT NAGALAND KOHIMA - 797004 3:THE DIRECTOR DEPARTMENT OF SOCIAL WELFARE NAGALAND KOHIMA - 797001 4:THE DIRECTOR FOOD AND CIVIL SUPPLIES NAGALAND KOHIMA - 79700

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Advocate for the Petitioner : NEITEO KOZA, MHASI PHINYO,KIKRU PFUKHA

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Advocate for the Respondent : CGSC,

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BEFORE

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HONBLE MR JUSTICE KARDAK ETE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER

O R D E R

11.03.2026

(Y. Longkumer, J)

The instant public interest litigation has been filed seeking directions to implement the National Food Security Act, 2013 and to provide Hot Cooked Meals to pregnant and lactating mothers for a number of 300 days in a year as provided by the Supplementary Nutrition Rules (SNR), 2017, to provide Take Home Ration for children between 6-36 months as prescribed in Rule 5 of the Rules of 2017 for 300 days and the same type of Take Home Ration to be supplied to malnourished children between 6- 36 months with food supplement of 800 calories, 20-25 gms of protein, to provide morning snack and Hot Cooked Meals to children from 6-36 months as prescribed by SNR, 2017 and the same type of Take Home Ration to be supplied to the malnourished children between 6-36 months with additional 300 calories of energy and 8-10 gms of protein in addition to the meal provided, and for further directions pertaining to the Food Security Allowances to pregnant women, lactating mothers and children. In addition, the petitioner has also sought for providing kitchen, toilet and access to drinking water and tap water connection from reliable source to prevent disruption of Hot Cooked Meals for eligible persons.

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2. Heard learned counsel for the petitioner, Ms. Neiteo Koza, as well as

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Mr. Yangerwati, learned CGSC and Ms. Apila Sagtam, learned counsel for the respondent no. 3.

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3. The Union of India/respondent no. 1 has filed affidavit stating that the Integrated Child Development Scheme (ICDS) is a centrally sponsored scheme, which was launched on 02.10.1975. The Union Government is responsible for the programme, planning and infrastructure cost and the States/Union Territories are responsible for the programme implementation. Various guidelines have also been issued by the Government of India from time to time for proper implementation of these services including other components and have modified the same on the feedback received from the States/Union Territories as per the requirement and to ensure proper implementation of the scheme. It has been mentioned in the affidavit that the Government of India has since approved “Saksham Anganwadi and Poshan 2.0”, which is a strategic shift in mission mode to develop practices that nurture health, wellness and immunity from malnutrition. The Anganwadi services, scheme for adolescent girls, Poshan Abhiyan have been realigned under Poshan 2.0 for maximizing nutritional outcomes. The guidelines for the scheme has also been issued on 01.08.2022 giving focus on the foundational importance of nutrition and early childhood care and education for well being, growth and development of children into healthy and productive adults. It was further stated in the affidavit of the Union of India that the scheme operates through a network of 7,075 fully operational projects and more than 13.96 lakh Anganwadi Centres across the country. In the affidavit, it is mentioned that in the State of Nagaland, the details of Anganwadi projects and Anganwadi Centres as on September 2023 was:-

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60 Anganwadi projects, which are operational and 3980 Anganwadi Centres, which are sanctioned and are operational. Further, it has been mentioned in the affidavit that as regards the components under the Anganwadi services, the Central Government implements the same through a cost sharing ratio and in respect to the North Eastern region for general Anganwadi Services, the ratio is 90:10 and for the Supplementary Nutrition Programme, it is also the same ratio. It is also mentioned that the “Poshan Tracker” Application was launched in the month of May 2021, which is an integrated application which facilitates any real time monitoring of service delivered in relation to services provided to tracked beneficiaries which includes pregnant women, lactating mothers and children of the age group of 0-6 years and adolescent girls of 14-18 years in the North Eastern region and aspirational districts. The affidavit also showed the details of funds released to the State of Nagaland since 201819 in respect of Anganwadi Services Schemes. In addition to the above, separate funds were also released for maintenance of Anganwadi Centres and for providing toilets and drinking facilities in the Anganwadi Centres to the State of Nagaland.

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4. The affidavit of the respondent no. 1/Union of India reveals that the State Government has been allocated various funds for implementation of the Anganwadi infrastructure and the Anganwadi service schemes as well as the ‘Poshan Abhiyan’. The State Government was, therefore, directed to file affidavit providing details as to how the State of Nagaland is utilizing the funds disbursed by the Central Government and further as to how the schemes are being implemented.

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5. The respondent no. 3/Director, Department of Social Welfare has also filed affidavit providing the details with regard to the utilization certificates and the manner in which the allocated funds had been utilized for the SNR, 2017 for the Financial Years 2018-19 to 2022-23. It was also mentioned that for the Financial Year 2023-24, the details were received only upto the Third Quarter and the preparation of the utilization certificates were under process. The affidavit of the respondent no. 3 also showed the details regarding the usage of the Poshan Tracker in the State of Nagaland. The respondent no. 3 filed an additional affidavit on 18.06.2025, wherein it was stated that there are 3,980 Anganwadi Centres across the State of Nagaland. The affidavit also further mentioned the numbers of total beneficiaries uploaded in the Poshan Tracker Application/Dashboard as on 31.05.2025 as 1,30,188. The respondent no. 3 has filed another additional affidavit on 09.02.2026, wherein it is stated that verification and uploading of beneficiaries in the Poshan Tracker Application/Dashboard is carried out across the State on priority basis. According to the learned counsel for the respondent no. 3, the directive of the Union of India is that during the process of implementing the Poshan Tracker Application, the Aadhaar Card of the beneficiary has to be linked. As per the Poshan Tracker Application, a Stock Register for Anganwadi Workers allows mandatory tracking of SNR Stock with detailed records, date-wise entry of received stock and updated distribution based on daily THR/CM, enhancing efficiency in stock management and beneficiary tracking at Anganwadi Centres is envisaged. By the Poshan Tracker Application/Dashboard the beneficiary data is made available at the project/Anganwadi Centre level. In the affidavit of respondent no. 3 filed

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on 09.02.2026, it is further stated that the scheme has been implemented throughout the State of Nagaland through the Anganwadi Centres and at present there are 3,980 Anganwadi Centres across the State of Nagaland. The learned counsel for the respondent no. 3 has also drawn the attention of this Court to Annexure-4 in the affidavit dated 09.02.2026. The said Annexure-4 consists of a letter written by the Ministry of Women and Child Development Poshan Abhiyan dated 04.03.2021 of the States and Union Territories and the same is reproduced herein:

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“ F.No. PA/41/2021-CPMU (e-91729) Government of India

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Ministry of Women and Child Development Poshan Abhiyan

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3^rd Floor, Jeevan Vihar Building, Sansad Marg, New Delhi-110 001 Dated 04^th March, 2021

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To,

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The Additional Chief Secretaries/Secretaries, Department of Women and Child Development/Social Welfare of all States/UTs

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Sir/Madam,

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This has reference to this Ministry’s letter number NNM/21/2018-ISSNIP dated 13^th January 2021 & dated 02^nd February 2021 for New Poshan Tracker App and also downloading of new Poshan Tracker App on the mobile phones of Anganwadi Workers.

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The downloading of Poshan Tracker App on mobile phones of AWWs is required to be completed by 15th March 2021 . It may kindly be noted that payment of honorarium of AWWs for the month of March 2021 onwards will be linked to downloading of Poshan Tracker App and expeditious inputting of data by all Anganwadi Workers in States/UTs. Allocation of food grains/funds to States/UTs from first quarter of 2021 onwards will also be based on data of beneficiaries on-boarded on Poshan Tracker system.

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This issues with the approval of Competent Authority.

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Encl :- As above Yours Sincerely, - Sd/- (Sanjiv Gajraj)

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Executive Director

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Copy for information to: All Chief Secretaries/Administrators of States/UTs”

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6. In view of the said Letter dated 04.03.2021, the learned counsel submits that the Poshan Tracker App has now been uploaded on the mobile phones of all the Anganwadi Workers in the State of Nagaland and the allocation of food grains/funds to the State of Nagaland is based on the data of beneficiaries on-boarded on the Poshan Tracker system. Therefore, the scheme is being implemented in letter and spirit throughout the State of Nagaland. However, if any beneficiaries are left out or if any beneficiaries are aggrieved they are at liberty to approach the authorities/officers in the Department of Social Welfare and the same will be addressed by the Department.

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7. At this stage, learned counsel for the petitioner, Ms. Neiteo Koza submits that there are still some beneficiaries who are not able to avail the benefits of the scheme under the National Food Security Act and that proper toilets, kitchens and access to drinking water has not been provided as per the Food Security Act as well as the Supplementary Nutrition Rules.

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8. We have considered the submissions of the learned counsel for the parties and have also perused the affidavits filed by the Union of India as well as by the Government of Nagaland. We find from the pleadings and the records placed before the Court that the provisions contained in the National Food Security Act and the schemes therein as well as the SNR are being implemented in the State of Nagaland. We are also satisfied that the Poshan Tracker App is being utilized successfully in the State of

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Nagaland.

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9. As the grievances and the prayer of the petitioner in the present petition have been addressed, which is supported by the affidavits of the Union of India as well as the Government of Nagaland/respondent nos. 2 and 3, the present petition is closed and disposed of. However, it is made clear that if there are any instances where the beneficiaries are not getting the benefits provided under the Food Security Act and the Supplementary Nutrition Rules, 2017, they are at liberty to approach the concerned Social Welfare Department, who shall address the grievances of the intended beneficiaries as mandated under the Food Security Act/Supplementary Nutrition Rules, 2017.

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JUDGE JUDGE

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Comparing Assistant

Mhasikhonu Phinyo v. the Union of India and 3 Ors.

Case brief

What is this about?

What did the court decide?

Mhasikhonu Phinyo v. the Union of India and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

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