Jagriti Mahila Swa-Sahayata Samooh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1320 of 2020

1. Jagriti Mahila Swa-Sahayata Samooh (A Society Registered Under The Provisions Of Firms And Societies Act 1973 Vide Registration No. Bilaspur 2696) Through Its President Smt. Jamuna Bai W/o Shyam Lal Gond (ST) , Aged About 50 Years , R/o Village Dataud, Post Office Kotetara, Tahsil Jaijaipur, District Janjgeer Champa Chhattisgarh., District : JanjgirChampa, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through the Secretary / Principal Secretary, Department Of Women And Child Development, Mantralaya / Secretariat , Mahanadi Bhawan, Nava Raipur , Atal Nagar, Chhattisgarh.

2. District Collector District Janjgeer Champa Chhattisgarh.

3. District Program Officer Women And Child Development, District Janjgeer Champa Chhattisgarh.

4. Project Officer Unified Child Development Project , Jaijaipur , District Janjgeer Champa Chhattisgarh.

5. District Level Committee For The Selection Evaluation Of Merits Of Self Help Groups For Supply Of Ready To Eat Meal Under Supplementary Nutritious Food Program Through The District Program Officer, Women And Child Development, District Janjgeer Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

6. Ekta Mahila Swa Sahayata Samooh Village Thuthi, Block And Tahsil Jaijaipur , District Jajgeer Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Respondents WPC No. 1348 of 2020

1. Rajnandini Mahila Swa-Sahayata Samooh (A Society Registered Under The Provisions Of Firms And Societies Act 1973 Vide Registration No. Bilaspur/ 2696) Through The President- Smt. Rajeshwari Bai W/o Shankar Lal Chandra, Aged About 47 Years, R/o Village- Amakoni, Po Odekera, Tahsil Jaijaipur, District- Janjgeer-Champa, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary/ Principal Secretary, Department Of Women And Child Development, Mantralaya/secretariat, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Chhattisgarh.

2. District Collector District Janjgeer-Champa, Chhattisgarh.

3. District Program Officer Women And Child Development, District- JanjgeerChampa, Chhattisgarh

4. Project Officer Unified Child Development Project, Jaijaipur, DistrictJanjgeer-Champa, Chhattisgarh.

5. District Level Committee For The Selection/evaluation Of Merits Of SelfHelp Groups For Supply Of Ready To Eat Meal Under Supplementary Nutritious Food Program Through The District Program Officer, Women And Child Development, District- Janjgeer-Champa, Chhattisgarh.

6. Mahalaxami Mahila Swa-Sahayata Samooh Village- Sendari, Bock And Tahsil- Jaijaipur, District- Janjgeer-Champa, Chhattisgarh ---- Respondents For Petitioner : Shri Rajkamal Singh, Advocate For State/Respondents : Smt. Fouzia Mirza, Addl. A.G. along with Ms. Sunita Jain, G.A.

For .

Hon'ble Shri Justice P. Sam Koshy Order on Board 10/07/2020

1. Both the writ petitions have been filed assailing the arbitrary action on the part of the respondent No. 3 in awarding marks while deciding the grades/merits of the different self-help groups in the selection process for supply of Ready to Eat Meal under supplementary Nutritious Food Program of the State Government.

2. At this juncture, the Learned State counsel points out that the Project Officer has called upon the objections in respect of awarding of marks and also providing the gradings to each of the self-help groups, therefore the writ petition at this juncture is premature.

3. Counsel for the Petitioner apprehends that though the petitionerssociety have preferred the objections, however there is a possibility that the Respondent No. 3-District Program Officer before deciding the objections itself may finalize the selection process and thereby the interest of the petitioners would get defeated.

4. The further contention of the State Counsel is that under the guidelines governing the field there is a provision of an appeal first to the Collector and thereafter to the Commissioner which remedy is also available to the petitioners.

5. Given the aforesaid submissions made by the Counsel appearing for either side, this Court is of the opinion that since as per the petitioners, they have already preferred objections against the

awarding of marks and the gradings given to the different self-help groups it would be more appropriate, if the respondent-authorities are directed to consider/decide the objections so filed by the petitioners in accordance with law at the earliest. While deciding the objections, the concerned authority is expected to pass a reasoned order after considering the contentions that shall be raised in the objections.

6. Meanwhile, it is directed that till the objections of the petitioners are decided objectively, the Respondent No.3- Authority shall not finalize the selection of the self-help groups for supply of Ready to Eat Meal under government's supplementary Nutritious Food Program.

7. It is further made clear that if the petitioners have not preferred objections till date, let the petitioners prefer an objection within a period of 7 days from today.

8. With the aforesaid directions/observations, the writ petition accordingly stands disposed of.

Sd/- (P. Sam Koshy) Judge Jyotijha