Chhattisgarh High Court: In a suo motu writ petition registered regarding malnutrition of children in Anganwadi centres, the Division Bench of Ramesh Sinha, CJ., and Bibhu Datta Guru, J., took note of a recent instance of government school children eating mid-day meals that stray dogs had licked. Holding that the incident occurred due to negligence of the State, the Court directed payment of Rs 25,000 as compensation to every student who consumed the spoiled food.
Background
Previously, vide order dated 04-08-2025, the Court had directed the Secretary, School Education Department, Chhattisgarh Government, to file an affidavit answering several issues raised by the Court.
In compliance with this, the Joint Secretary filed an affidavit stating that a two-member enquiry committee, consisting of the Sub-Divisional Officer (Revenue) and Block Education Officer, Palari, was constituted by the Collector, Balodabazar-Bhatapara, to enquire into the matter and submit a report. As per the report, the students stated that on the day of the incident, dogs soiled the mid-day meal being prepared by the Self-Help Group (‘SHG’), in the Government Middle School, Lachchhanpur (‘the School’). This incident was reported to the teachers, who advised the SHG not to distribute the soiled food to the students, but the SHG still distributed the food. Despite complaints being made to the Headmaster as well, the soiled food was not removed from the meal and was consumed by the children.
Upon being apprised of the incident, the Chief Medical and Health Officer (‘CMHO’), Balodabazar-Bhatapara, submitted a report that three doses of anti-rabies vaccine had been administered to 84 school children. According to his report, all the students were fit after regular health check-ups, under continuous observation of the Primary Health Center, Lachchhanpur, and regularly attending the School. Since the children were found fit after a health check-up, no compensation was granted to them.
The affidavit also stated that the SHG had been removed from the work of the mid-day meal in the School and barred from any further governmental benefit. Further, show-cause notices were issued to the Headmaster and teachers of the School. The in-charge Principal, Cluster Principal, Headmaster, Teachers, and Cluster Coordinator were suspended. The Joint Director, Education, Raipur, also imposed a minor penalty on three teachers.
Additionally, the Collector, Balodabazar-Bhatapara, issued directions regarding the preparation and distribution of mid-day meals in schools. The Directorate of School Education also issued guidelines to all the District Education Officers regarding food quality maintenance, cleanliness and hygiene, food safety quality check after preparation, and standard maintenance as per the Pradhan Mantri Poshan Shakti Nirman Yojana.
Analysis
Considering that it was a Government institution and the SHG was assigned to provide mid-day meals, the Court held that it was negligent on the part of the State to not take care of the food that was being offered in the mid-day meal. Accordingly, the Court directed that Rs 25,000 shall be paid by the State to every school student who consumed the said meal, within one month from today.
Further, the Court remarked that it hoped and trusted that the State would be more vigilant and careful in providing mid-day meals to the children studying in the Government Schools.
[In The Matter Of Suo Moto Public Interest Litigation v. The Chief Secretary, 2025 SCC OnLine Chh 8240, decided on 19-08-2025]
Advocates who appeared in this case:
Court Commissioners: Siddharth Dubey, Ishan Verma, and Amiyakant Tiwari
For the respondent: Additional Advocate General Y.S. Thakur and CGC Tushar Dhar Diwan
