The Calcutta High Court has imposed a cost of Rs 25,000 on the petitioner and dismissed a Public Interest Litigation (PIL) filed by a teacher alleging certain malpractices in the mid-day meal scheme in a particular school.
The fact remains that the petitioner is also a teacher in the school. The allegation was though student strength was at a particular level, the number of students who attended the school regularly was much lesser than the total strength. However, in the mid-day meal scheme records it has been shown as if food has been provided to all students including those students who are not attending or absent at a particular day.
This appears to the Court to be a genesis in an entire complaint made by the petitioner.
The Sub-Inspector of Schools, Suri Central Circle, Birbhum has inspected the school and submitted a report to the Chairman of Birbhum District Primary School Council dated 01.08.2024.
From the report, the Division Bench of Chief Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya noted the petitioner has been creating several problems in the school and there is also an allegation that he has been taking video and photographs regarding the mid-day meal scheme and classes where female teacher were teaching and there has been constant problem and the head teacher also made a complaint stating that he received the continuous threat from the petitioner.
The advocate for the petitioner contended that in the report submitted by the Sub-Inspector of Schools there is no whisper about the allegation made by the petitioner regarding the mid-day meal scheme.
“Firstly, we need to point out that the petitioner being a teacher in the very same school and there being certain internal disputes.”
The Court cannot consider this as a genuine public interest litigation, rather it is motivated for certain other reasons. Therefore, the Court cannot entertain the prayer sought for in the petition.
However, it goes without saying that the Sub-Inspector of Schools, namely, the 3rd respondent and the Chairman of Birbhum District Primary School Council, namely, the 4th respondent shall conduct an audit as to whether the mid-day meal scheme is properly implemented in the said school, the Court directed.
Though in the report submitted by the Sub-Inspector of Schools dated 01.08.2024, there is a mention about the manner in which the mid-day meal scheme is being implemented, the Court observed that the Chairman of the Birbhum District Primary School Council shall also look into it as to whether the scheme is being properly implemented. Thus, with the above observation, the Court dismissed the petition.
After the Court have dictated the order the advocate for the petitioner would continuously submit that the copy of the report should be furnished to the petitioner and the petitioner should file an exception to the report. As observed earlier, the Court found that the petition cannot be a public interest litigation, it is clearly motivated and the petitioner has certain malafide intentions behind filing the petition.
“Therefore, the writ petition is not only dismissed, but dismissed with costs of Rs 25,000 payable by the petitioner to the West Bengal State Legal Services Authorities within 30 days from the date of receipt of the server copy of this order,” the order reads.
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