Chhattisgarh HC asks state govt to pay Rs 25,000 each to students served dog-soiled mid-day meal

Bilaspur: The Chhattisgarh High Court has directed the state government to pay within a month Rs 25,000 each to 84 students who consumed mid-day meals soiled by a dog at a middle school in Balodabazar-Bhatapara district last month.

A division bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, in an order delivered on Tuesday, highlighted negligence on the part of the government in the episode and expressed hope that the authorities would be more vigilant and careful in providing mid-day meals to students.

While awarding the compensation to the pupils, the bench did not take into account the state's argument that the affected students of the government school were administered three doses of anti-rabies vaccine and were found to be fit after a subsequent health check-up.

The HC gave the ruling after taking suo motu (on its own) cognisance of the matter as a Public Interest Litigation (PIL) and sought an affidavit from the state government.

According to an inquiry report submitted by the government in the HC, the incident took place on July 28 at the government middle school located in Lachchhanpur village in Balodabazar-Bhatapara district.

The report, citing statements of the students, said a dog soiled the food distributed under the mid-day meal scheme. A self-help group (SHG) used to prepare food items served to students under the scheme at the school.

The students alerted teachers, who advised SHG members not to distribute the dog-soiled food, but their directive was ignored. Despite a complaint to the school headmaster, soiled eatables were not removed from the meal and subsequently consumed by the students, it said.

The Chief Medical and Health Officer, Balodabazar-Bhatapara, later submitted a report, according to which, up to August 8, three doses of anti-rabies vaccine had been administered to 84 children, it said.

According to the CMHO’s report, all the affected pupils were found to be medically fit after a health check-up and were regularly attending the school. However, as a precaution, the children have been kept under continuous observation of Primary Health Centre personnel at Lachchhanpur.

The SHG has been removed from the work of preparing mid-day meals at the school and barred from availing any further governmental benefits. The school's in-charge Principal Santosh Kumar Sahu, Cluster Principal, In-charge Headmaster, teachers and Cluster Coordinator were suspended via an order dated August 6, the government report said.

In the aftermath of the incident, the Balodabazar-Bhatapara collector, in a letter addressed to school education department officials, issued directions related to the preparation and distribution of mid-day meals.

The Directorate of School Education has also issued guidelines to District Education Officers, asking them to ensure maintenance of cleanliness and hygiene, undertake regular quality and safety checks after preparation of food items and follow prescribed standards mandated under the Pradhan Mantri Poshan Shakti Nirman Yojana.

The state government told the court that no compensation was given as the students were found to be fit after a health check-up.

However, the bench noted, “Considering the fact that it was an institution of the government and SHG was assigned to provide mid-day meal, but the said mid-day meal was soiled by a dog and it was unfit for consumption for the students of the school.

“And though three doses of anti-rabies has been administered to 84 children of the school, it was negligent on the part of the state to take care that the food which was being offered in the mid-day meal by the SHG to the children of middle school, we deem it proper that Rs 25,000 be paid by the state to each of the student of the concerned middle school, who had consumed the said meal, within a period of one month from today (August 19).” The HC further observed, “We hope and trust that the state would be more vigilant and careful in providing mid-day meal to the children studying in government schools.”