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WA No. 1417 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29

TH

DAY OF NOVEMBER, 2023

PRESENT

THE HON'BLE MR JUSTICE K.SOMASHEKAR

AND

THE HON'BLE MR JUSTICE RAJESH RAI K

WRIT APPEAL NO. 1417 OF 2023 (GM-RES)

BETWEEN:

K.R. PETE AND PANDAVAPURA TALUK MSPC

HAVING THEIR OFFICE AT:

NO. 688/1700, K.R.S ROAD,

PANDAVAPURA TOWN,

PANDAVAPURA, MANDYA,

KARNATAKA-571 435.

REPRESENTED BY ITS PRESIDENT:

SMT. P HEMAVATHI,

W/O H.S.HEMANTH KUMAR,

AGED ABOUT 35 YEARS,

(THE KARNATAKA SOCIETIES REGISTRATION ACT,

1960)

…APPELLANT

(BY SRI. K.S.PONNAPPA, ADVOCATE FOR

SRI. MAHESHA B, ADVOCATE)

AND:

1. THE PRINCIPAL SECRETARY,

STATE OF KARNATAKA,

THE DEPARTMENT OF WOMEN AND CHILD

DEVELOPMENT,

OFFICE AT: 1ST FLOOR, M.S BUILDING,

DR. B.R AMBEDKAR VEEDHI,

BANGALORE-560 001.

R

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WA No. 1417 of 2023

2. THE DIRECTOR

STATE OF KARNATAKA,

DEPARTMENT OF WOMEN AND CHILD

DEVELOPMENT,

OFFICE AT: 1ST FLOOR, M.S BUILDING,

DR. B.R AMBEDKAR VEEDHI,

BANGALORE-560 001.

3. UNDER SECRETARY

UNION OF INDIA,

DEPARTMENT OF WOMEN AND CHILD

DEVELOPMENT,

OFFICE AT: SHASTRI BHAVAN,

NEW DELHI-110 001.

4. HARIHARESHWARA MAHILA UDYOGA

MATTU SEVA SANGHA

REPRESENTED BY ITS PRESIDENT,

OFFICE AT: SURVEY NO. 125/2B, BEKINA

KALMATHAYANE, YALAVATTI VILLAGE,

SHIVAMOGGA-577 203.

…RESPONDENTS

(BY SRI. VIKRAM HUILGOL, AAG FOR R1 & R2;

SRI. H.SHANTHI BHUSHAN, DSGI FOR R3;

SRI. ARJUN SARATHY.V, ADVOCATE FOR R4)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA

HIGH COURT ACT PRAYING TO a)SET ASIDE THE ORDER

DATED 03.11.2023 PASSED BY THE HON'BLE SINGLE JUDGE IN

WP No-24326/2023.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, K.

SOMASHEKAR J., AND RAJESH RAI J., DELIVERED THE

FOLLOWING:

JUDGMENT

This intra Court appeal arises from the order dated

03.11.2023 passed by the learned Single Judge, by whic h the

writ petition preferred by the petitioners challenging the

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guidelines dated 21.10.2023 bearing file No.WCD/

ICDS/MSPT/5/2023 and letter dated 31.10.2023 bearing No.

WCD/ ICDS/MSPT/5/2023 - Comp No. 993642 issued by th e

respondent No.2 came to be disposed of with the findings that -

"The government orders issued by the respective

departments dated 21.10.2023 and 31.10.2023 are ther efore,

in tune with the order passed by this Court dated 27.05.2022

and that of the Apex Court dated 18.07.2022. Therefo re, the

government orders or the circular which seeks to implement the

judgment of the Division Bench as affirmed by the Apex Court,

is un entertainable.

However in so far as prayer (c) is concerned, the learned

Single Judge reserved the liberty to Central Government or the

State Government to work out the feasibility, in case n eed

arises."

2. The petitioner, who is a Mahila Supplementary

Production Training Centre (for short 'MSPTC) involved in

supplying the food products to the Anganwadi centres ,

approached this Court being aggrieved by the circular and letter

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WA No. 1417 of 2023

dated 21.10.2023 and 31.10.2023 respectively vide Anne xures-

A and B.

3. Before we advert to the rival contentions, we deem

it necessary to refer to the earlier proceedings that have taken

place before this Court, in order to understand the locus of the

appellant is concerned.

A batch of writ petitions (PIL) were filed before this Court

by various social activists and also MSPTCs summari ly they

pleaded as follows :

a) Direct the Respondent Nos.1 to 3 to enroll every

child from the age group of 06 months-6 years,

pregnant women, lactating mothers and adolescent

girls who are entitled to be beneficiaries of the

ICDS Scheme in Karnataka.

b) Direct the Respondent Nos.1 to e to provide

Take Home Ration in the form of micronutrient

fortified food to children from 06 months-3 years,

pregnant women, lactating mother and adolescent

girls as prescribed by the Revised Nutritional and

Feeding Norms on Supplementary Nutrition dated

24.02.2009 bearing number F.No.5-

9/2005/ND/Tech (Vol-II) (Annexure “B”) as

modified by the Revision of Cost Norms for

Supplementary Nutrition dated 06.10.2017 bearing

No.CD-I-11/2/2016-CD.I (Annexure “C”).

c) Scrap the existing system of nominating the

suppliers to make the suppliers to make the

supplies to the MSPTCs under the ICDS Scheme

and implement the uniform process throughout the

State of Karnataka;

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WA No. 1417 of 2023

d) Direct the Respondent Nos.1 to 3 to formulate

the guidelines for the digital monitoring of

manufacturing of SNP food to ensure the SNP food

supplied to beneficiaries are in compliance with the

Revised Nutritional and Feeding Norms on

Supplementary Nutrition dated 24.02.2009 bearing

number F.No.5-9/2005/ND/Tech(Vol.II) (Annexure

“B”).

e) Direct the Respondents to strictly comply with

the Technical Report dated 19.08.2021 bearing

No.:TT/ICDS Corr/21 (Annexure “N”) without any

deviation in terms of procurement, processing,

fortification, supply and hygienic practice in the

letter and spirit.

f) Direct the Respondents to implement the

Technical Committee Report dated 19.08.2021

bearing No.TT/ICDS Corr/21 (Annexure “N”) as per

guidelines specified therein so as to procure the

quality raw materials to manufacture and supply

the nutrition as per the said report by giving effect

to the Government Order No.MMR 04 ICD 2020

(Part-I) dated 05.05.2021 (Annexure “J”).

g) Pass such other directions or orders that this

Hon’ble Court may deem fit, in the interests of

justice.

The Co-ordinate Bench of this Court was pleased to

dispose these Public Interest Litigations with the findings as

mentioned below:

FINDINGS

17. We have given our anxious consideration to

the rival submissions and perused the material on

record.

18. As rightly contended by the learned Senior

counsel appearing in W.P.No.11004/2020 and

W.P.No.15767/2021, the impugned orders dated

15.05.2021 and 20.05.2021, whereby the circular

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dated 02.07.2020 and Government order dated

05.05.2021 respectively are sought to be

withdrawn are illegal, arbitrary and vitiated and

the same deserve to be quashed for the following

reasons:-

(i) The material on record discloses that as per the

ICDS scheme as well as the Central Government

Norms dated 24.02.2009 and 2017 Rules and

directions issued by the Apex Court pertaining to

implementation of the scheme, the State

government issued an order dated 24.02.2018

which was stayed by this Court. A perusal of the

circular dated 02.07.2020 and Government order

dated 05.05.2021 as well as the technical

committee report dated 19.08.2021, the feasibility

for the MSPTCs to tie up with BIS licenced /

certified women self help groups such as the

petitioners has been recognised, acknowledged

and - 34 - recommended by the State Government

bearing in mind the objectives of the scheme,

Apex Court directions and the relevant norms /

rules. It is therefore clear that the impugned

orders dated 15.05.2021 and 20.05.2021

purporting to withdraw the circular dated

02.07.2020 and Government order dated

05.05.2021 are illegal, arbitrary and deserve to be

quashed.

(ii) A perusal of the impugned orders dated

15.05.2021 and 20.05.2021 clearly indicates that

the same are completely unreasoned, non-

speaking, cryptic, laconic and arbitrary orders

which have been passed unconditionally and

unilaterally without assigning any reasons and

without any application of mind, thereby being

violative and contrary to the principles of natural

justice and on this ground also, the impugned

orders deserve to be quashed.

(iii) A perusal of the circular dated 02.07.2020 and

Government order dated 05.05.2021 indicates that

the same were issued in conformity and pursuant

to the National Food Security Act r/w SNP Rules,

2017 as well as the directions issued by the Apex

Court regarding implementation of the ICDS

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WA No. 1417 of 2023

scheme which is meant for pregnant women,

children, lactating mothers etc., and - 35 -

consequently, withdrawal of the said circular and

Government order by passing the impugned orders

will substantially delay the implementation of the

ICDS scheme in the State of Karnataka and as

such, the impugned order deserve to be quashed.

(iv) It is also relevant to state that taking into

account larger public interest involved in speedy

implementation of the ICDS scheme, of which,

pregnant women, children, lactating mothers etc.,

are the beneficiaries, it was absolutely essential

that the circular dated 02.07.2020 and order dated

05.05.2021 are implemented and given effect to at

the earliest without any delay and under these

circumstances, issuance of the impugned orders

seeking to withdraw the said circular and order will

cause great prejudice and hardship to the

beneficiaries of the ICDS scheme and

consequently, the impugned orders deserve to be

quashed on this ground also.

(v) Insofar as the defence of the State

Government that the impugned orders were

passed since the circular dated 02.07.2020 and

the Government order dated 05.05.2021 were

contrary to the directions issued by the Apex Court

and failure on the part of the women self help - 36

- groups to comply with the requirements of the

said circular and order is concerned, it is

significant to note that the said circular dated

02.07.2020 and Government order dated

05.05.2021 indicate that all relevant and material

facts including the directions of the Apex Court,

the objectives sought to be achieved by the ICDS

scheme, earlier government orders, notifications,

rules, norms etc., have been considered and taken

into account while issuing the said circular and

order and consequently, the said contention of the

respondents – State is devoid of merit and is liable

to be rejected.

(vi) Insofar as the contention of the respondents –

State that the women self help groups have not

complied with the terms and conditions of the

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circular dated 02.07.2020 and Government order

dated 05.05.2021 is concerned, the material on

record discloses that as directed by this Court, the

petitioners have filed affidavits along with

documents which indicate that all the terms and

conditions prescribed in the said circular and order

have been fulfilled and complied with by the

petitioners and as such, the said contention urged

by the respondents – State is also liable to be

rejected.

(vii) The respondents have completely failed to

substantiate that the circular dated 02.07.2020

and Government order dated 05.05.2021 were

contrary to the directions issued by the Supreme

Court.

(viii) Insofar as the contention advanced by the

respondents – State that Section 21 of the General

Clauses Act enables them to withdraw the circular

dated 02.07.2020 and order dated 05.05.2021,

having regard to the peculiar and special facts and

circumstances of the instant case including the

aims and objects of the ICDS scheme, directions

issued by the Apex Court and other proceedings,

orders etc., prior to issuance of the same,

respondents were not entitled to unilaterally and

unconditionally issue the impugned orders under

Section 21, which does not confer unfettered or

unbridled powers on the State Government to

withdraw its earlier order dated 05.05.2021, that

too within a period of fifteen days and as such,

even this contention of the respondents is liable to

be rejected. It is well settled that exercise of

power under Section 21 of the General Clauses Act

is circumscribed, limited and restricted by the

attending and surrounding facts and circumstances

including the instant circular / order sought to be

withdrawn and in the facts of the case on hand,

particularly having regard to the ICDS scheme

which is beneficial in nature, effective and speedy

implementation of the scheme was absolutely

essential and consequently, the impugned orders

are vitiated on this ground also.

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WA No. 1417 of 2023

(ix) The material on record also reveals that the

already miserable situation and condition of the

beneficiaries of the ICDS scheme had substantially

and considerably deteriorated and worsened on

account of the Covid-19 pandemic and on this

charge also, the respondents were not justified in

passing the impugned orders, which deserve to be

quashed on this ground also.

(x) It is also significant to state that one M/s.Shri.

Sharadamba Foods had preferred

W.P.No.580/2020 seeking quashing of the circular

dated 02.07.2020 and for other reliefs. The said

petition having been dismissed by the learned

Single Judge of this Court vide order dated

24.08.2020, the writ petitioner preferred an appeal

in W.A.No.580/2020 which was also dismissed by

the Division Bench vide order dated 21.01.2021. It

is therefore clear that the legality, validity and

correctness of the said circular dated 02.07.2020

has been upheld by this Court and the same has

attained finality and become conclusive and

consequently, this circumstance also indicates that

the impugned order dated 15.05.2021 seeking to

withdraw the said circular dated 02.07.2020 is

illegal, arbitrary and deserves to be quashed.

(xi) As stated supra, W.P.No.3522/2022 is a PIL

which was preferred on 14.02.2022 seeking

several directions for implementation of the ICDS

Scheme. In this context, as rightly contended by

the learned counsel for the petitioner, the

impugned orders dated 15.05.2021 and

20.05.2021 which proceed on the basis that some

of the women self help groups do not meet the

eligibility criteria or the conditions in the circular

dated 02.07.2020 or order dated 05.05.2021

would not be a ground to repeal the entire frame

work and consequently, the impugned orders

would not only be disproportionate but also

irrational and violative of Article 14 of the

Constitution of India and the same deserves to be

quashed on this ground also.

(xii) So also, learned counsel for the petitioner is

right in his contention that the power of the State

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Government under Section 21 of the General

Clauses Act is circumscribed, restricted and limited

by the constitutional provisions, in particular,

Articles 14 and 21 of the Constitution of India; in

this context, it is significant to note that

consequent upon issuance of the impugned orders

dated 15.05.2021 and 20.05.2021, the circular

dated 02.07.2020 and order dated 05.05.2021 are

sought to be withdrawn, thereby denying more

than 50 lakhs beneficiaries in Karnataka, the right

to nutritious food, particularly to pregnant women,

lactating mothers and children whose fundamental

rights under Article 21 of the Constitution of India

stands violated and on this score also, the

impugned orders being arbitrary and capricious

under Article 14 of the Constitution of India

deserve to be quashed in view of the decisions of

the Apex Court in the case of Shayara Bano vs.

Union of India and Dipika Jagatram Sahani vs.

Union of India & others.

(xiii) It is needless to state that upon quashment

of the impugned orders dated 15.05.2021 and

20.05.2021, the earlier circular dated 02.07.2020

and order dated 05.05.2021 which have been

referred to in the technical committee report dated

19.08.2021 would stand revived and the same

would necessarily have to be implemented and

given effect to by the State Government. Under

these circumstances, though several directions are

sought for by the petitioner in this petition, in view

of the quashment of 2 (2017) 9 SCC 1 3

W.P.(Civil) 1039 / 2020 (PIL) the impugned orders

dated 15.05.2021 and 20.05.2021, this petition

deserves to be allowed directing the respondents –

State to give effect to and implement the circular

dated 02.07.2020 and order dated 05.05.2021 in

the light of the report of the technical committee

dated 19.08.2021 by taking necessary steps

forthwith in this regard immediately without any

further delay.

19. In the result, we pass the following:-

ORDER

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(i) All the writ petitions are hereby allowed;

(ii) The impugned Government orders dated

15.05.2021 and 20.05.2021 passed by the

respondents – State are hereby quashed.

(iii) The respondents – State are directed to

forthwith implement and give effect to the circular

dated 02.07.2020 and Government order dated

05.05.2021 issued and passed by the State

Government immediately without any further

delay.

(iv) The State Government is also directed to take

necessary steps to forthwith implement and give

effect to the Integrated Child Development

Services Scheme (ICDS Scheme) immediately

without any further delay, bearing in mind the

Central Government Norms dated 24.02.2009 and

Rules dated 06.10.2017 and in the light of the

report of the technical committee dated

19.08.2021 as well as all other applicable

Government Rules, Regulations, Norms, Orders,

Circulars etc., in this regard.

(v) It is directed that the supply of food products,

without following specifications and standards as

per Revised Nutrition and Feeding Norms shall be

suspended with immediate effect and supply of

quality nutrition as per Government order dated

05.05.2021 and circular dated 02.07.2020 shall be

ensured by the respondents, by executing the

agreements as specified in the Government order

dated 05.05.2021.

(vi) In order to ensure uninterrupted quality

supply of the menu of food items, the respondents

are directed that, if the parties of the contract

(Agreements) as per Government order

05.05.2021 fail to perform their obligation, the

final products as specified in the contract

(Agreements) shall be procured at a competitive

rate from any eligible entities as specified vide

circular dated 02.07.2020 and supply the same to

Anganawadi Centres in the interest of the

beneficiaries.

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(vii) The State Government is directed to submit a

compliance report to this Court within a period of

three months from today.

(viii) Liberty is reserved in favour of the petitioner

in W.P.No.3522/2022 (PIL) to seek revival of the

said petition, if the occasion so arises.

4. Subsequently, this order was taken up to Hon'ble

Apex Court in SLP No.18930/2022. The Hon'ble Apex C ourt,

vide order dated 18.07.2022, affirmed the order passed by Co-

ordinate Bench of this Court.

5. It is in this background, pleading non complianc e of

order of Co-ordinate Bench, certain MSPTCs filed conte mpt

petition which was also disposed of in terms below mentioned:

2. Learned Additional Government Advocate drew our

attention to para 12 of the Compliance Affidavit filed in

this Court on 06.10.2023 to the effect that the decision

taken by State Government would be communicated to

various Deputy Directors, DWCDs in all 31 Districts ,

within four weeks. Then there is a reference to

modalities in Sub-clauses (a) to (c) in the said

paragraph. An unconditional apology is also tendered for

delay caused in the implementation because of some

administrative constraints and bonafide reasons as

mentioned in paragraph No.16.

In view of the above, the Compliant of Contempt

is dispose off.

It is made clear that if the Respondent-State fails

to forward the necessary communication as indicate d

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WA No. 1417 of 2023

above within the stipulated period of four weeks,

Complainant is at liberty to revive the Contempt Petition.

6. With these coveted background, in compliance of

the order in Public Interest Litigation supra, the respondent-

State has published instructions by letters dated 21.10.2023

and 31.10.2023 vis., Annexure-A and B to this appeal.

Aggrieved by this, the appellant who is MSPTC registered under

Societies Registration Act approached the learned Single Judge

claiming anomalies and violations. The learned Sing le Judge,

having heard the appellant so also the respondent-Sta te, was

pleased to dispose of the writ petition with the findin gs as

mentioned supra. Aggrieved, appellant who is the peti tioner

therein are before this Court invoking the appellate jurisdiction.

7. Heard the learned counsel Sri K.S. Ponnappa for

Sri Mahesha B for appellant, Sri H Shanthi Bhushan le arned

DSGI for respondent No.3 Central Government, Sri Arjun

Sarathi V., learned counsel for respondent No.4 and lea rned

AAG for State.

8. It is the contended by the appellant that it is a

registered society which includes women, widows, phys ically

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WA No. 1417 of 2023

challenged persons, mothers of the beneficiaries children etc.,

who are earning their livelihood by preparing and also supplying

the nutritious food as per ICDS Scheme to Anganawadi's . It is

also further contended by the appellant that in pursu ance of

impugned circulars stated supra, if properly viewed, are not in

consonance with the direction passed by the co-ordinate Bench

of this Court as the allotted quantity of wheat and r ice for

quarter i.e., for 3 months is not sufficient to prepare and also to

distribute to all the Anganawadi's. Hence, it is for this reason,

the appellant claim that the impugned circulars are dehors the

order of the co-ordinate Bench.

The appellant also draws the attention of this Cour t to

clause 15 and 16 of impugned circular dated 21.10.2023 which

reads as under:

15. 26% of amount shall be utilized towards

making payments for Rice, Wheat and

Cooking Oil and for Production expenses,

Transportation expenses, Honorarium, other

Administrative expenses and for any

incidental expenditures.

16. 74% of amount to be paid to the 03

eligible B.I.S. Licensed Women Groups and

they will utilize it for payment for the

procured Raw materials, Packaging Materials,

Vitamins & Minerals and for the expenses

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WA No. 1417 of 2023

incurred for testing of the micronutrient food,

technical assistance charges, compensation

for operational losses and outsourcing

charges if any.

With reference to above, the appellant submit that out of

the total incomes and payments received, 74% of which s hall

be paid to BIS certified Women Groups among which 64 % of

the same shall be utilised for procuring raw materials which are

essential for production of nutritious foods by the BIS certified

Women Groups. Remaining 26% shall be utilised towar ds

payment of rice, wheat and cooking oil and also towar ds

expenditures in packaging and supply of these nutritious foods

to Anganawadi's which in itself causes hardship and also losses

to appellant and thereby, it is difficult to make livelihood out of

the same. It is on these grounds, the appellant is before this

Court.

9. Per contra, the learned AAG Sri. Vikram Huligol submits

that with respect to first limb of the argument that is being

addressed is squarely covered by Government Circular date d

02.07.2020 which has overcome the rigours of judici al review

both in Public Interest Litigation before this Court and also

before the Hon'ble Apex Court. This circular clearly emphasises

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as to why such an arrangement is being programmed. Learned

AAG vehemently submits that this arrangement is made with an

agenda of stopping the supply of ill-nutritional foods to the

beneficiaries and also to make available proper nutritious food

to the beneficiaries who are children between the age group of

6 months to 6 years, pregnant women, lactating mothers and

adolescent girls as per ICDS Scheme. Hence, in order to

effectively implement the scheme and also to comply wi th

orders of this Court as well as Hon'ble Apex Court, th e

impugned letters/circulars have been issued, which, as rightly

held by the learned Single Judge are in accordance with law.

10. With respect to the second limb of the argument as to

deficiency in supply of foods are concerned, learned AAG draws

the attention of this Court to Section 22(3) of National Food

Security Act, 2013 which obligates Central Government t o

provide food grains which are essential in order to comply with

the ICDS Scheme. He would also submit that if there ar e any

grievances in that regard, the same shall be addressed to the

Grievance Redressal centres as set up in accordance with ICDS

Scheme and chapter VII of NFSA, 2013. Learned AAG woul d

also concede that if any representations are given with respect

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to profit sharing is concerned, then State would addr ess the

same in due course after due consultation with the Cen tral

Government.

Learned DSGI for Central Government being made a

formal party, would adopt the submission made on beh alf of

respondent-State.

11. We have gone through the records furnished before

us and so also the previous history of this case and we have

also heard the rival contentions.

12. The first grievance of the appellant being the

arrangement made as per circular dated 02.07.2020 can not be

re-looked into as the same has withstood judicial test before

this Court on several occasions. Even in the PIL, th e said

circular was upheld by quashing the Government order dated

05.05.2021 withdrawing the circular stated supra. However,

we fail to appreciate the conduct of the appellant in

approaching this Court once again with the same gri evance

though this Court has already opined on it.

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13. With respect to the second limb of their argument i s

concerned, we accept the submission made by learned AAG

with respect to provisions of National Food Security Act, 2013 is

concerned.

14. Section 4 and Section 5 of the National Food Secu rity

Act, 2013, reads thus:

4. Subject to such schemes as may be framed

by the Central Government, every pregnant woman

and lactating mother shall be entitled to—

(a) meal, free of charge, during pregnancy and

six months after the child birth, through the local

anganwadi, so as to meet the nutritional standards

specified in Schedule II; and

(b) maternity benefit of not less than rupees

six thousand, in such instalments as may be

prescribed by the Central Government:

Provided that all pregnant women and lactating

mothers in regular employment with the Central

Government or State Governments or Public Sector

Undertakings or those who are in receipt of similar

benefits under any law for the time being in force

shall not be entitled to benefits specified in clause

(b).

5. (1) Subject to the provisions contained in

clause (b), every child up to the age of fourteen

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WA No. 1417 of 2023

years shall have the following entitlements for his

nutritional needs, namely:—

(a) in the case of children in the age group of

six months to six years, age appropriate meal, free

of charge, through the local anganwadi so as to meet

the nutritional standards specified in Schedule II:

Provided that for children below the age of six

months, exclusive breast feeding shall be promoted;

(b) in the case of children, up to class VIII or

within the age group of six to fourteen years,

whichever is applicable, one mid-day meal, free of

charge, everyday, except on school holidays, in all

schools run by local bodies, Government and

Government aided schools, so as to meet the

nutritional standards specified in Schedule II.

(2) Every school, referred to in clause (b) of

sub-section (1), and anganwadi shall have facilities

for cooking meals, drinking water and sanitation:

Provided that in urban areas facilities of

centralised kitchens for cooking meals may be used,

wherever required, as per the guidelines issued by

the Central Government.”

Further, Section 22(3) of National Food Security Ac t,

2013 reads as under:

22. (3) The Central Government shall provide

food grains in respect of entitlements under

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Section 4, 5 and Section 6, to the State

Government at prices specified for the persons

belonging to eligible households in Schedule I.

This provision bestows the duty upon the Central

Government to provide necessary food grains which are to be

supplied to Anganwadi's, which are then to be supplied t o

beneficiaries under Section 4 and 5 of the NFSA, 2013 . This

being the accepted position, if any grievances found, t he

appellant is at liberty to file necessary representation s to

Grievance redressal mechanism centres as provided und er the

Act supra and also under paragraph 9.4.2 of the ICDS Scheme.

Hence, in the absence of appellant exercising the same, we are

unable to appreciate the stand taken by the appellant.

15. In the third limb of the argument, the appellant

disputes the profit sharing ratio as provided in the impugned

circulars/letters dated 21.10.2023 and 31.10.2023, fo r which

the learned AAG has conceded to the fact that the same will be

considered as per the order of the learned Single Judge.

16. Be that as it may, in view of Sections 4, 5 and 22(3)

of the National Food Securities Act, 2013 and more so in view

of a judgment rendered by a Co-ordinate Bench of this Court in

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WA No. 1417 of 2023

W.P (PIL) No.3522/2022 dated 27.05.2022 wherein an

observation has been made that, nutritious food requires to be

provided to 50 lakhs children in the age group of 0 – 6 years,

the Hon’ble Supreme Court of India in SLP (Civil) Dia ry

No.18930/2022 vide its order dated 18.07.2022, upheld the

direction of this Court made in the aforesaid writ petition which

was filed in a nature of a Public Interest Litigation. More so, in

order to give effect to the direction of this High Court in the

aforesaid writ petition and with a view to provide nu tritious

food to needy persons, the Government of Karnataka issued

letters dated 21.10.2023 and 31.10.2023, as contende d by the

learned AAG. The aforesaid letters were challenged in

W.P.No.24326/2023 before this Court. But this Cour t, with a

view to implement the said direction which was upheld by the

Hon’ble Supreme Court, has directed the official respon dents

therein to ensure allotment of foodgrains such as wheat and

rice sufficient for the total beneficiaries for preparation of food

in accordance with the menu to be supplied under the I CDS

Scheme as per Section 22(3) of the National Food Secur ities

Act, 2013. This contention has been made by the learned AAG

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WA No. 1417 of 2023

Shri Vikram Huilgol, counter to the arguments advanced by the

learned counsel Shri K.S. Ponnappa for the appellants.

But this writ appeal has been preferred by the appell ant

challenging the order rendered by the learned Single Judge on

the writ side. More so, the learned counsel for the appellant

has taken various contentions by urging the grounds s tated

supra. But in this appeal, the learned AAG has veheme ntly

contended that the grounds which have been urged in t his

appeal seeking intervention of the order passed by the learned

Single Judge on the writ side, does not have any substance and

more so, the writ appeal suffers from infirmities and do not

arise to call for any interference.

17. Hence, keeping in view all the above contentions, the

livelihood of the members of these MSPTCs being the pri me

issue involved in the subject and also for the fact that the

members of these MSPTCs also belong to the vulnerable

members of the society, we proceed to pass the following -

ORDER

Writ appeal, being devoid of merits, is

accordingly dismissed. Consequently, the

impugned order passed by the learned Single

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WA No. 1417 of 2023

Judge in W.P.24326/2023 dated 03.11.2023

is hereby confirmed.

We uphold the direction issued by the

learned Single Judge with respect to prayer

(c) is concerned and this direction shall be

stricto senso complied by the State

Government after due consultation of the

Central Government, in accordance with law.

Sd/-

JUDGE

Sd/-

JUDGE

VM

List No.: 1 Sl No.: 23