LAWS(GJH)-2013-5-36

STATE OF GUJARAT Vs. SUO MOTO

Decided On May 10, 2013
STATE OF GUJARAT Appellant
V/S
Suo Moto Respondents

JUDGEMENT

(1.) THIS is an Application filed by the State government in connection with suo motu public interest litigation relating to distribution of food grains to the families below the poverty line, according to the direction of the Honourble Supreme Court in Writ Petition (Civil) No.196 of 2001 [People's Union for Civil Liberties v. Union of India and Others] seeking permission of this Court for floating a tender for supply of Ready to Cook Food Mix, namely, energy dense micro -nutrient fortified extruded blended food, energy dense micro -nutrient fortified extruded blended sukhadi, energy dense micro -nutrient fortified extruded blended sheera, energy dense micro -nutrient fortified extruded blended upma as supplementary nutrition food for children, pregnant women and lactating mothers and adolescent girls under the ICDS scheme by original manufacturers as interim an ad hoc arrangement till the new system becomes functional and operational. The third respondent in the main petition, i.e. Anandi, a Non -Government Organization, is assisting the Court for implementation of the Honourable Supreme Court's order on different Central and State Government schemes, namely,

(2.) ACCORDING to Mr. P.K. Jani, the learned Government Pleader assisted by Mr Parth Bhatt, the learned AGP on behalf of the State Government, this application had to be filed by the State Government, because, the contract period is coming to an end and if fresh contracts are not awarded, then, it will become difficult for the State Government to supply food materials to the respective Aanganwadis. According to Mr. Jani, the stock of the food materials would get exhausted by the end of this month.

(3.) OUR attention has also been drawn to an order dated 22nd April, 2009 passed by the Supreme court, whereby the Supreme Court observed that the direction given by order dated 7th October, 2004, which was reiterated by order dated 13th December, 2006, shall continue to be operative. It was further observed that several States like Andhra Pradesh,Gujarat, Uttar Pradesh and Nagaland had not met the requisite norms. These States were directed to take steps as required to be taken.