HC upholds termination of mid-day meal supplier after worms found in food

Bombay HC upholds MBMC's decision to cancel mid-day meal supplier's contract due to poor food quality. Court dismisses petition, emphasizing children's health.

MUMBAI: The Bombay high court (HC) on Wednesday upheld the orders passed by the Mira-Bhayander Municipal Corporation (MBMC) to cancel the contract of a mid-day meal supplier after receiving several complaints about the quality of the food, including the presence of worms and insects in the cooked food provided to school children.

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The division bench of justice MS Sonak and justice Kamal Khata said that the municipal corporation was justified in terminating the contract of Om Shakti Mahila Seva Sahakari Sanstha, which was given a contract to supply mid-day meals to children studying in 12 civic schools within the MBMC limits.

“The mid-day meals scheme is a beneficial scheme to encourage students to attend school. It is a scheme meant to increase the nutrition of schoolchildren, including children belonging to weaker sections of society. Despite several opportunities, the quality of food supplied by the petitioner had not improved, and there have been several other lapses,” the bench said while dismissing the petition filed by the women’s cooperative.

The organisation approached the high court after the civic body terminated its contract on May 14, 2024, contending that the action was taken without giving any notice and an opportunity of hearing to the petitioner body and that the municipal corporation had not acted fairly while dealing with them.

The corporation, however, pointed out that the action was taken after receiving several complaints against the petitioner body about the substandard quality of food served by them and supplying the food late etc.

The high court refused to interfere with the civic action after noticing that time and again several complaints had been made against the organisation and therefore the corporation was justified in taking the action.

In fact, the court said, the civic body was lenient in taking action against the petitioner body, saying “such leniency should not be at the cost of the health of the school children.” The judges noted that in this case, for over 15 months, no action was taken against the petitioner, though during this period the petitioner pointed out the repeated lapses in its catering service.

“After about 23 students reported worms in the meals or when students had to go hungry because the meals supplied were inedible (partially cooked), the Corporation should have acted with promptitude,” the bench said.

The court also rejected the argument advanced on behalf of the women’s cooperative that the municipal commissioner had tasted the food served by them to the children at one of the schools and had praised the quality of the food.

In this regard, the judge said, “When high officials or dignitaries come to schools with prior announcement and fanfare, the quality of the meal, no doubt surges upwards. But that can hardly be the criterion to assess the overall quality of the service and the supply.”