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6. Pregnant women Lactating Mothers Children (0-6 months) Children (6 months- 3 years) Children (3-6 years) Adolescent girls - Aspirational districts (14-18 years) Number of beneficiaries 14,41,263 10,87,077 10,41,613 92,88,680 92,73,492 2,07,775 Shipra Devi v. State of U.P. and others and one other connected petition Page No. 10 of 33 (28) The Anganwadi workers play a pivotal role in the effective delivery of the six core services under the ICDS programme, including supplementary nutrition, pre-school non-formal education, nutrition and health education, health check-ups, immunization and referral. The specific activities undertaken by Anganwadi Workers are given in the following table:- ICDS Services Key activities by AWW

1. Supplementary Nutrition Take-Home Ration (THR)  Update indent form as per the current numbers of beneficiaries for THR  Weight/count THR packets received and distribute them to beneficiaries  Counsel and follow up on THR consumption among beneficiaries  Document and discuss related concerns during sector meetings. Hot Cooked Meals (HCM) for Children (3-6 years)  Regularly update the list of 3-6 years children  Procure, store, and supervise the preparation and distribution of meals as per the pre-decided menu  Ensure hygiene practices and monitor children’s consumption at the Anganwadi Center (AWC)  Mobilize children to attend pre- school education at the AWC.  Provide Non-Formal Pre-School Education to channelize child’s energy and also offer substitute care to younger, to free older siblings, especially girls to attend school. Pre-school

2. Non-formal Education years) (3-6 Shipra Devi v. State of U.P. and others and one other connected petition Page No. 11 of 33  Conduct Early Childhood Care and Education activities (ECCE) following the yearly calendar and manual.  Perform half-yearly assessments and maintain individual child progress records.  Engage with parents group/mothers group to enable them train their children through play mode.  Conduct ECCE day capacity building to parents and grandparents for increased parent led child leaning.  Involve NGOs and School teachers in ECCE days.  Discuss ECCE-related issues in sector meetings.  Develop and utilize a nutrition corner at the AWC for counselling beneficiaries. pregnant  Organize events such as Godbharai women and Annaprashan for infants as per the guidelines.  Provide demonstrations counselling on material nutrition, breastfeeding, and complementary feeding.  Engage stakeholders and influencers to promote material, child and adolescent health and nutrition.  Document and discuss nutrition education-related issues in sector meetings. Monitoring Growth of Children below six years

3. Nutrition and Health Education Shipra Devi v. State of U.P. and others and one other connected petition Page No. 12 of 33  Measure weight and height of children using appropriate growth monitoring devices.  Identify and address cases of under- nutrition (underweight, stunting, and wasting)  Provide counselling and follow-up support during home visits and growth monitoring sessions  Discuss growth monitoring-related issues in sector meetings  Mobilize pregnant women and children (0-6 years) for regular health check-ups  Support weight tracking for pregnant women and provide counselling as needed  Support community management of malnutrition among children  Document and discuss health check- up-related issues in sector meetings  Assist immunizing target populations as per the national immunization schedule and maintain relevant records.  Organize fixed day immunization sessions, known as ‘Village Health Nutrition Days (VHND’ at the AWC.  During health check-ups, growth monitoring sessions and home visits refer sick and malnourished children as well as pregnant lactating mothers in need of prompt medical attention, to the health facilities.  Document and address referral- related issues during sector meetings.

4. Health chek-

5. Immunization

6. Referral Shipra Devi v. State of U.P. and others and one other connected petition (29) Take-Home Ration (THR) is provided to pregnant women, Page No. 13 of 33 lactating mothers and children (6 months to 3 years) and severely underweight children. In March, 2021, the Ministry of Women and Child Development (MWCD) developed the Poshan Tracker which is a digital application to monitor and implementation of ICDS and Poshan Abhiyan programmes. It monitors key interventions like Take-Home Ration (THR), hot cooked meals, health check-ups, and counselling and also tracks growth monitoring outcomes and identifies malnourished children. (30) Over the years there has been a gradual shift in the per day per beneficiary cost norms under ICDS supplementary Nutritional programme. The changes have been shown in the table below:- Beneficiary category (Rs./day/beneficiary) 6 months - 3 years 3 - 6 years Pregnant & Lactating Malnourished children 6 months - 6 years Adolescent girls 2005 2008 2013 2017 2 2

2.30

2.70 -- 4 4 5 6 -- 6 6 7 9 -- 8 8

9.5 12

9.5 (31) The Supplementary Nutrition Programme (SNP) under ICDS is one of the six key services and aims to fill the gap in nutrition amongst children under six years of age as well as pregnant and lactating women. SNP is delivered through two modalities - Hot-cooked Meal at Anganwadi Centrers and Take-Home Ration (THR). The details are as under:- Shipra Devi v. State of U.P. and others and one other connected petition Page No. 14 of 33 S. No. Categories Types of food Nutrition Norms Supplementary Nutrition under Anganwadi Services

1. Children (6-36 months) Take Home Ration Energy - 500 Kcal Protein - 12 to 15 g

2. Children ( 3 - 6 years)

4. Severely malnourished children (7 months - 6 years) Pregnant women & Nursing mothers Morning snack & Hot cooked Meal Energy - 500 Kcal Protein - 12 to 15 g Take Home Ration Energy - 800 Kcal Protein - 20 to 25 g Take Home Ration Energy - 600 Kcal Protein - 18 to 20 g Supplementary Nutrition under Scheme for Adolescent Girls

5. Out-of-school Adolescent Girls (11-14 years) Take Home Ration Energy - 600 Kcal Protein - 18 to 20 g (32) The details of the beneficiary category-wise dry ration entitlements and per beneficiary per day share of Self-Help Groups are mentioned hereunder:- Beneficiary Group Cereals - Monthly entitlement Children 6 months to 3 Rice - 1 Wheat - 1.5 Children 3 to 6 years Pregnant & lactating women and out of school adolescent girls (11 to 14 years) Severely Malnourished Children (6 months to 6 years) Rice - 1 Wheat - 1.5 Rice - 1 Wheat - 2 Rice - 1.5 Wheat -2.5 Pulses- Monthly entitlement (gram) 750 Milk products quarterly entitlement (gram) Desi Ghee - 450 Skimmed Milk - 400 – Skimmed Milk - 400 750 500 Desi Ghee - 450 Skimmed Milk - 750 Desi Ghee - 900 Skimmed Milk - 750 (33) As per POSHAN TRACKER updated as in November, 2024, the following table depicts the required THR and deficit in Shipra Devi v. State of U.P. and others and one other connected petition production on the basis of total number of beneficiaries category-wise:- Page No. 15 of 33 Category Type of THR Serving Size (in grams) Children 6 months - 3 years Atta Besan Halwa Pregnant and Lactating Atta Besan Barfi Premix/ Dalia Moong Daal Khichdi 125 150 Total number of beneficiaries as in November, 2024 Total production demand per day (in M.T.) 92,88,680 1,161 25,28,340 379 -do- 150 2,07,775 31 Adolescent Girls 11 to 14 Children 3 years to 6 years Severely Under- weight children 6 months to 6 years (@3%) -do- 50 92,73,492 Energy Dense Halwas 185 5,56,865 Total Production Demand Per Day Total production Demand Per Month (25 days) 464 103 2,138 53,450 Further, production details are given hereunder:- No. of THR plants … 204 Maximum production capacity per plant … 5 M.T. Maximum Total production capacity of THR plants per day … 1020 MT Maximum Total production capacity of THR plants per month … 25,500 MT Actual total production capacity of THR plants per month (as in November, 2024) … 15,321 M T Deficit in production … 38,129 MT Required increase in production (in %) … 249% Shipra Devi v. State of U.P. and others and one other connected petition Page No. 16 of 33 (34) Further, the POSHAN TRACKER data for December, 2024 shows that current system is highly inadequate and there is deficiency in number of Anganwadi workers and negligible supply of Hot Cooked Meals (HCM) as under:- Total number of beneficiaries … 2,19,23,958 Total number of Anganwadi Centres … 1,89,140 Total number of Anganwadi Workers … 1,77,563 Minimum number of Anganwadi Workers Deficient … 11,577 Total number of Anganwadi Centres open for 25 days (mandatory period) 66,461 … (35.14%) Total number of eligible beneficiaries eligible for Supplementary Nutrition Programme (SNP) Total number of eligible beneficiaries provided SNP for 25 days (mandatory period) … 2,18,94,171 43,64,528 … (19.93%) Percentage of beneficiaries given THR … 43,20,882 (99%) Percentage of beneficiaries given Hot Cooked Meals … 43,646 (1%) No. of beneficiaries eligible for daily Hot Cooked Meals (3 years-6 years) … 93,37,023 (35) At this stage, some relevant provisions of Rules, 2022 are necessary to be looked into before delving into the matter as under:- “Rule 3(e) “Take Home Ration” for the purpose of Supplementary Nutrition should be made using locally available stable cereals and millets, pulses and legumes, nuts and oilseeds, ensuring that refined sugar does not exceed permissible limits. Take Home Ration should be in the form of a processed mixture of various Shipra Devi v. State of U.P. and others and one other connected petition Page No. 17 of 33 food ingredients (not raw ration) which when consumed by a child or Pregnant Woman and Lactating Mother meets the recommendation for calories, proteins and micro nutrients (Calcium, Zinc, Iron, Dietary Folate, Vitamin A, Vitamins B6, B12 and D) and such Ration should be tested in Food Safety and Standards Authority of India approved laboratories to ensure that the norms of macro nutrients recommended or benchmarked for the different categories of Supplementary Nutrition beneficiaries are maintained. Raw Ration as Take-Home Ration is not permissible and the Take-Home Ration as mentioned under National Food Security Act, 2013 shall not be constructed as ‘raw ration’;-”

5. Procurement and Quality of Nutrition: (1) The State or Union Territory must introduce transparent process for procurement as per General Financial Rules, 2017 and Vigilance Guidelines and other norms from time to time by the Government of India and ensure that Take-Home Ration procured confirms to nutritional norms set by the Government of India. (2) The States or Union Territories shall ensure that the quality of Supplementary Nutrition items procured is as per the food safety norms as well as nutrient composition. Supplementary Nutrition must conform to prescribed standards as laid down under the Food Safety and Standards Act, 2006 and regulations made thereunder to ensure consistent quality and nutritive value as per serving and the periodicity of sample testing shall be once in a quarter of annual year, per project. (3) Take-Home Ration shall be tested from Food Safety and Standards Authority of India owned or registered or empanneled and National Accreditation Board for Testing and Calibration Laboratories accredited laboratory and random testing must be conducted by Anganwadi Services functionaries after receipt of stock at the Anganwadi Centre or at the Block level. Provided that in case of Hot Shipra Devi v. State of U.P. and others and one other connected petition Page No. 18 of 33 Cooked Meal, it should be ensured that it is prepared in proper kitchen sheds having adequate sanitation and safe drinking water so as to maintain hygienic condition. (4) Supply chain process in the States or Union Territories must be made transparent for functionaries to ensure uninterrupted supply to the last mile, which are complaint with Food Safety and Standards Authority of India registration-licensing process for entities involved in manufacture, storage and distribution of food to ensure food safety and hygiene. (5) The State or Union Territories shall co- ordinate the activities of various departments through a State Level Steering Committee to ensure effective convergence between various schemes or programme having bearing on nutrition and review the progress made regarding Nutritional Indicators on regular basis. … … ...” (36) Rule 160 of General Financial Rules, 2017 reads as under:- “Rule 160 E-Procurement (i) It is mandatory for Ministries/Departments to receive all bids through e-procurement portals in respect of all procurements. (ii)Ministries/Departments which do not have a large volume of procurement or carry out procurements required only for day-to-day running of offices and also have not initiated e-procurement through any other solution provided so far, may use e-procurement Other solution developed by NIC. Ministries/Departments may either use e- procurement solution developed by NIC or engage any other service provider following due process. (iii) Deleted. Shipra Devi v. State of U.P. and others and one other connected petition Page No. 19 of 33 (iv) In individual case where national security and strategic considerations demands confidentiality, Ministries/Departments may exempt such cases from e-procurement after seeking approval of concerned Secretary and with concurrence of Financial Advisers. (v) In case of tenders floated by Indian Missions Abroad, Competent Authority to decide the tender, may exempt such case from e-procurement.” (37) ‘Public Procurement’ and ‘Managing Conflict of interest in public procurement’ have been defined in Chapter 9.9 and Chapter 9.16 respectively in Vigilance Manual (updated 2021) by the Central Vigilance Commission. (38) In chapter 1.10 and 1.11 of Manual for Procurement of Consultancy & Other Services (updated June, 2022), justification for procurement of services and principles of public procurement of services have been defined respectively. (39) Under Rules, 2022, a categorical ban has been put on the distribution of raw ration (dry ration) in the name of take-home ration under the ICDS Scheme so as to ensure proper nutritional intake as well as to meet the requirement of providing age- appropriate meal suitable for consumption of children in the age bracket of 6 months to 6 years. Indisputably, the State Government had taken a decision to supply ‘dry ration’ in place of ‘take home ration’ till adequate infrastructure is developed and the production capacity of the THR plants operated by the women Self-Help Groups (SHGs) under the UPSRLM is sufficient to meet the demand for Take Home Ration for the eligible beneficiaries. Though the State Government had stated the supply of ‘dry ration’ to be an interim arrangement, the same continues to be in force since 2020. Further, it is evident from the date provided by the State Government while filing its Shipra Devi v. State of U.P. and others and one other connected petition Page No. 20 of 33 affidavit in WPIL No. 21609 of 2021 that current infrastructure and production capacity is grossly deficient and cannot meet the required demand of the beneficiaries for Take Home Ration and, as such, the State Government seeks to continue the supply of dry ration for a considerable period of time in future which is in direct violation of Rules, 2022. (40) Supply of ‘dry ration’ in the name of ‘Take-Home Ration’ is not permissible in view of the provisions of Rule 3(e) of the Rules,

2022. Currently, the UPSRLM is supplying recipe based THR to 43 Districts through 204 THR units and each unit is managed by 1 Self-Help Group, meaning thereby there are 204 Self-Help Groups and remaining 32 Districts are supplying ‘dry ration’ only. In case of backlog/delay in supply of THR, ‘dry ration’ is being supplied in other 43 Districts. (41) Under the Supplementary Nutrition Programme of the ICDS Scheme, the UPSRLM is ineligible for providing Take Home Ration. Though an interim arrangement is made in 2020 till infrastructure is complete in the State of U.P. when the Poshan Rules, 2022 came into force, but the State Government is continuing on the basis of interim arrangement though three years have passed. Moreover, funds meant for utilization of ICDS Scheme are being utilized for payment of salary to the Self-Help Group members at the cost of child nutrition to fulfill the objectives of UPSRLM to which the award of unaccountable service contract requires effective vigilance before the system is regularized. Thus there is an apparent conflict of interest. Record reveals that annual budget of Rs.3200 crores is being exhausted in supply of THR to 20% beneficiaries. Shipra Devi v. State of U.P. and others and one other connected petition (42) The relevant orders dated 13.11.2024 and 07.01.2025 passed in the aforesaid writ petitions by this Court are as under:- Page No. 21 of 33

13.11.2024 “1. Heard Sri Bhanu Bajpai, the learned counsel for the petitioner and Sri Indrajeet Shukla, the learned Additional Chief Standing Counsel for the State.

2. Issue notice to respondent no. 4.

3. Steps within ten days.

4. Having regard to the issues involved in the present PIL it would be desirable to implead Union of India through its Secretary, Ministry of Women and Child Development.

5. The learned counsel for the petitioner may implead the Union of India as respondent during the course of the day.

6. Total number of Aanganwadi Centres in the state of U.P. for the purposes of implementation of ICDS operative as in the month of October, 2024 are stated as 1,89,140. The total number of Aanganbadi workers working in the State of U.P. at respective centres as available on the official website are mentioned as 1,78,706. The eligible beneficiaries as per the information downloaded on 31.10.2024 are mentioned as 2,22,33,550.

7. The Operation of these Aanganwadi centres as per the details available in the writ petition on the basis of well researched data is disheartening. The ICDS scheme is operative in the State of U.P. from the year 1975. The lofty object of health care of infants and lactating mothers is an object which is yet to be achieved as per the targetted objects. The state of affairs reflected from the data available on record deserves attention of this Court for evolving and executing a transparent mechanism both in the matter of procurement of high nutrition in food materials supplied under the National Food Security Act, 2013 as well as the Integrated Nutrition Programme-Saksham Anganwadi and Poshan (2.0) Rules, 2022 framed thereunder which are stated to be applicable in the case at hand. Support Shipra Devi v. State of U.P. and others and one other connected petition Page No. 22 of 33

8. This Court having regard to the details disclosed in the writ petition would also require an expert body report on the study of Aanganbadi Centres operating in the State of U.P. and the scheme of procurement of high nutrition in food as per the specifications prescribed under the Scheme and the statutory provisions applicable in this behalf. The suggestions for impressing the quality of food items are also desirable to be known. For such a purpose a report of Defence Food and Research Laboratory may be necessary before any directives are issued to the competent authorities for carrying out the objects of ICDS.

9. Accordingly, we direct the Director, Defence Food and Research Laboratory, Mysore having its network all over the country to make necessary study of Aaganbadi Centres in the State of U.P. both in the matter of procurement of specified nutritious food and supply thereof to the respective centres including all its aspects e.g. quantity, frequency of supply and its quality and the mechanism operating as on date. The delays in the supply, if any, may also be studied and apprised to the Court in the report so drawn as well as the cause of delays.

10. This report shall be drawn by employing experienced experts so that credibility of the report submitted by the aforesaid laboratory does not remain questionable.

11. We expect the report to be submitted not later than a period of four weeks. A copy of the order shall be communicated to the Director, Defence Food and Research Laboratory,Mysore by the petitioner as well as by learned Deputy Solicitor General of India forthwith.

12. List in the list of fresh cases on 12.12.2024 when the report called for may also be placed before this Court.

13. Vakalatnama filed by Sri Paavan Awasthi on behalf of the petitioner, on impleadment of Union of India as respondent, is permitted to be withdrawn in view of the conflict of interest for he being on the panel of Union of India.” Shipra Devi v. State of U.P. and others and one other connected petition Page No. 23 of 33

07.01.2025 “1. By order dated 13.11.2024 this court had called for a report from the Defence Food Research Laboratory, Mysore. Sri S.B. Pandey, learned Senior 2. Advocate/Deputy Solicitor General of India assisted by Sri Devrishi Kumar, Advocate appearing on behalf of Union of India has placed before us a copy of the report submitted in a sealed cover. The sealed cover was opened in the court for taking the report dated 12.12.2024 on record.

3. Let a copy of the report be supplied to all the parties in both the petitions free of cost within two days.

4. In the light of the report taken on record, several aspects which assume importance may broadly be crystallized as under: (a) Whether the dry ration is permissible to be supplied to the beneficiaries in the spirit of ICDS Scheme? (b) Whether the procurement of nutritious ration permissible in any manner other than E-procurement? THR i.e., (c) Whether the production of nutritious THR is commensurate to the demand and as to whether a system of improvement for procurement and delivery needs to be effectuated to better the system? (d) Whether a committee is required to be constituted to study the alleged irregularities for suggesting the measures which are necessary for achieving the objects of the ICDS Scheme which each party is free to name having regard to the experience and contribution of the person concerned? Shipra Devi v. State of U.P. and others and one other connected petition Page No. 24 of 33

5. All the parties are at liberty to file affidavits within two weeks bringing on record their objections/suggestions which are required to streamline the implementation of ICDS scheme in accordance with the statutes, rules and regulations framed thereunder keeping in view the above mentioned aspects.

6. The impleadment application made by two members of a self help group being a part and parcel of the scheme is allowed to the extent of intervention and submitting their suggestions in the light of the report taken on record. A copy of the report shall also be provided to Sri Bhupendra Singh Bisht, the learned counsel appearing on behalf of the intervenors within the aforesaid period.

7. List/put up this case as part heard in the list of fresh cases on 27.01.2025 in terms of the order already passed.” (43) In compliance of the order dated 12.12.2024, the Director, Deference Food and Research Laboratory has submitted his report wherein at page - 3 of the report, under the heading THR plants run by Self-Help Group (SHGs), it has been categorically recorded as under:- facilities “Additionally, it has been observed that lack proper numerous THR maintenance: There were no partition zones for raw materials and processed food items, and adequate pest control practices have to be further geared up in some THR units. In few units special attention towards calibrating auto-weighing and packaging of the final product, as well as cleanliness and sanitation of the facility is needed.” (44) The report further reveals the suggested improvements which are as under:- “V) Suggested improvements Officials involved in sourcing raw material must ensure that procurement occurs promptly to minimize delays in production, Shipra Devi v. State of U.P. and others and one other connected petition Page No. 25 of 33 thereby preventing delays in product distribution. The existing production facilities are insufficient to satisfy the beneficiaries’ demand for THR products. Therefore, the study suggests improving production capacity within the existing infrastructure or increasing the number of THR production units according to the total beneficiaries in each block. There is a requirement that every Anganwadi centre possesses a storage room capability for holding the rations. The survey suggests that crucial advanced training is necessary for SHG members in the upkeep of facilities, such as storing raw materials, segregation of materials, hygiene and sanitation, pest control, and fortification methods to guarantee consistent quality and compliance with safety standards. The survey observed that production reliant on backlog indents results in discrepancies in the actual beneficiary numbers, which may hinder the primary objectives of the scheme. Hence, the research recommends focusing on the current month’s DI, and production can be adjusted accordingly. Regular monitoring of quality control points is essential to ensure appropriate production, as they are vital for confirming that the distributes ration is safe, nutritious, and of superior quality. Critical supervision is needed to ensure that all the manufactured items were accurately weighed and packaged to meet the established limits.” (45) In respect of question No.1 framed in the order dated

07.01.2025, the respondents have submitted in their counter affidavit that in pursuance of the order dated 26.02.2019 passed by the Apex Court in Civil Appeal No(2) 2336 of 2019 (Arising Shipra Devi v. State of U.P. and others and one other connected petition Page No. 26 of 33 from SLP (c) Nos.10103 of 2016), it was decided to produce and distribute THR through a decentralized system through women self-help groups of the State Rural Livelihood Mission. In view of the time required to develop the desired infrastructure for recipe-based THR production in the entire State, an interim arrangement has been made. As per National Food Security Act, 2013 and Integrated Nutrition Support Programme-Saksham Anganwadi and Poshan (2.0) Rules, 2022 issued by the Government of India, the supplementary nutrition to Anganwadi Centre beneficiaries is bound to be regulated as per the prescribed norms for providing micro nutrients without deviation from the nutritional standards. The answer to question No.1 lies in the fact that dry ration cannot be supplied in view of the Rules, 2022 and the interim arrangement made by the State is bound to upgraded to the desired standards. (46) In respect of e-procurement as mentioned in the order dated

12.12.2024, it is submitted in the counter affidavit that the Ministry of Women and Child Development, Government of India allocates wheat and fortified rice to the Department on quarterly basis under Wheat Based Nutrition Programme (WBNP) and National Food Security Act (NFSA). In relation to the allocation received, the Department allocates wheat to Uttar Pradesh State Rural Livelihood Mission and National Agricultural Co-operative Marketing Federation of India Limited and fortified rice to the Food and Civil Supplies Department. Other materials are produced locally by UPSRLM through the Purchase Committee constituted for the concerned units. Shipra Devi v. State of U.P. and others and one other connected petition Page No. 27 of 33 Apart from wheat, NAFED also obtains pulses under various schemes of Government of India, such as Ministry of Consumer Affairs, food and Public Distribution and Ministry of Agriculture and fortified edible oil is purchased by NAFED through e-tender. Regarding question No.2 framed in the order dated

07.01.2025, suffice it to say that the State Government is bound to ensure e-procurement at each step of the implementation of the ICDS Scheme and the structured nomenclature of the Department deserves to be strengthened with the aid of accountable base units both in terms of procurement and supply by doing away with the preferential clause and selective approach. (47) In reply to the improvements needed in the present system, it is submitted that the report submitted by Defence Institute of Bio- Defence Technologies (DIBT-DRDO), previously known as Defence Food Research Laboratory (DFRL-DRDO), the report only points out that ICDS Scheme is being implemented in a fairly effective manner barring minor shortcomings regarding cleanliness in THR Centres, lack of storage facility at the Anganwadi centres etc. The data available on record reveals gross insufficiency of procurement and supply regarding which urgent steps are required to ensure effective and efficient measures to serve the scheme of the Act, 2013 and Rules, 2022. (48) In response to the constitution of a committee for studying the alleged irregularities, it is submitted that the report submitted by the DFRL has given out broad deficiencies. The report itself recites that DFRL cannot provide further assistance in view of Shipra Devi v. State of U.P. and others and one other connected petition Page No. 28 of 33 the change in the mandate by the competent authority. Therefore, an independent committee is desirable to be constituted from amongst the experienced persons who shall make suggestions to improve the system for achieving the real object of the scheme. Some names of experienced persons have been researched and brought to the notice of this Court who may visit the centres and the concerned units so as to facilitate the Court with their suggestions to upgrade and streamline the system and also verify the scale of operative units and their sufficiency to meet the demand and quality. (49) Before issuing any directions, it is necessary to look into the relevant orders passed by the Apex Court/other High Court(s) in this context, which are as under:- (i) Time and again, in the matter of People’s Union for Civil Liberties v. Union of India and others, the Apex Court issued exhaustive directions ranging from 2000 to 2017. (ii) In the matter of Vaishnorani Mahila Bachat Gat v. State of Maharashtra and others [(2019) 15 SCC 718], the Apex Court issued a direction for implementation of the Supplementary Nutrition Programme under the ICDS Scheme through Mahila Mandals/Self-Help Groups but according to the latest amendment brought in the Rules, 2022 the Self-Help Groups are at par with other persons and have ceased to have perpetual preferential consideration. (iii) The Bombay High Court in the case of Renuka Mata Mahila Bachat Gat v. State of Maharashtra and others [2023 SCC OnLine Bom 2615] has held that subsequent to enactment of the Rules, 2022, there has been a landmark shift in the legal proposition and the Self-Help Groups have no more any Shipra Devi v. State of U.P. and others and one other connected petition Page No. 29 of 33 preferential rights for being the implementing agency to the exclusion of other eligible entities. The Bombay High Court further held that the decision to invite bids from all eligible entitles including Self-Help Groups was permissible. (iv) The decision taken by the Bombay High Court in the aforesaid case has been upheld by the Apex Court in SLP (C) No. 27358 of 2023 vide judgment and order dated 14.12.2023. (50) In totality of facts mentioned above, we summarize the lacuna(s) pointed in the matter as under:- (a) There is no factual clarity in respect of certain important aspects of the ICDS Scheme, like, (i) number of eligible beneficiaries yet not covered under the supplementary nutrition programme, (ii) process for regular identification of severely acute malnourished beneficiaries, (iii) supply of hot cooked meals at the Anganwadi centres, (iv) current status regarding supply chain, (v) current status of availability of kitchen sheds, washroom, safe drinking waters and other necessary infrastructure available at Anganwadi centres, (vi) current status of backlog in supply of THR; (vii) current condition of hygiene and sanitation in THR plants and storage units as well as in Anganwadi Centres; (viii) current stock availability of THR at THR plants as well as Anganwadi Centres, (ix) details of random testing of THR samples from Anganwadi centres; (x) manner of implementation of the supplementary nutrition programme in other States where the Scheme is being implemented in a much more efficient and effective manner. (b) The DFRL report itself points out many flaws and shows that technical expertise is lacking amongst Self-Help Group members. Moreover, the hygiene conditions are not being Shipra Devi v. State of U.P. and others and one other connected petition Page No. 30 of 33 fulfilled and the current system is inefficient to cater to the needs as per demand. The agency has declined any further guidance due to administrative constraints. (c) There is urgency in the matter as more than 1,000 children die per day in the State of U.P. due to malnutrition, besides, the well-being of 2.2 crore beneficiaries is currently dependent on the implementation of the ICDS Scheme, therefore, the Court as a guardian owes a duty to ensure efficiency and transparency in the implementation of the programme, which has remained unaccomplished upto the desired level, though operative since the year 1975 for healthy growth of infants and the lactating women. (51) For the reasons stated above and relying on the directions of the Apex Court in the aforesaid cases, the following mechanism and directions are formulated to serve the interest of justice:- An expert independent committee is necessary as the current system is not only inefficient but it deviates from the mandate of the Act, 2013 and Rules, 2022. The function of the committee would be to make recommendations to this Court and State so as to step up the efficiency in various areas of the ICDS Scheme to resonate with law keeping in view the deficiencies detailed here-in-above. For an effective exercise, it shall be open for the committee to inform the DLSA concerned, wherever necessary, for obtaining the requisite assistance who shall act promptly on any such request to provide the assistance of para-legal volunteers. The travel and other expenditure incurred by the committee for undertaking the study shall also be viewed keeping the fee standards of Legal Services Authority in mind after submission of the first report which at Shipra Devi v. State of U.P. and others and one other connected petition present is quantified at Rs.25,000/- payable to each member from the funds of U.P. State Legal Services Authority. Page No. 31 of 33 In the considered opinion of the Court, the following committee is constituted to effectuate the ICDS Scheme so as to achieve the desired service targets for more than 2.2 crores of beneficiaries as per the standards of quality and quantity:- (i) Dr. G. C. Prakash, IAS Former Head of Department of Women and Child Development Mobile No. 094498-38977 E-mail : [email protected] … Chairman (ii) Dr. N.G. Malleshi … Member Former Scientist & Head of Department of Grain Science and Technology, Central Food Technological Research E-mail: [email protected]/ [email protected] Mobile No.094490-69540 (iii) Prof. Dr. Rakesh Kumar Sharma … Member M. Pharm (Pharm Chemistry) PGDBM (Project Management) Former Member, Technical Expert Committee, Ministry of Food Processing Industries; Former Chairman, Specialist Panel, Food Science, DRDO E-mail : [email protected] Mobile No. 098114-11632 The aforesaid Committee has been constituted looking to the past experience of each one of the Members under the Government of India dealing with the ICDS Scheme and having expertise in the field of ensuring hygienic and quality standards for procurement and distribution of items. The committee shall visit the Anganwadi Centres and THR plants and wherever required, it shall be free to take the Shipra Devi v. State of U.P. and others and one other connected petition Page No. 32 of 33 help of District Legal Services Authority who shall facilitate the service of volunteers for carrying out the study and collection of data. To provide recipe based THR, an appropriate time schedule deserves to be designed for which the Committee shall make an earnest effort in its report. Keeping in view the directions already in place, this Court directs the above mentioned Committee as under:- (a) The Committee shall ascertain the correct factual situation so as to recommend the measures which are required to improve procurement, production, delivery and quality of nutrition food to be adopted by the State Government for effective and transparent implementation of Supplementary Nutrition Programme under the ICDS Scheme as per the provisions of the Act, 2013 and Rules, 2022 framed thereunder. (b) The committee shall undertake the study and submit the report after consulting with the State Government at its various levels and the information sought shall be made available by all concerned without any delay. The committee shall also take into account the measures adopted by other States who have successfully implemented the ICDS Scheme. The report shall be submitted within a period of four weeks from the date of order. (c) The State Government in the meantime shall file an affidavit as to what steps have been taken to appoint the requisite strength of Anganwadi Workers and Helpers district-wise. A clear picture of Self-Help Groups and the network may also be brought on record besides the figures of the responsible Shipra Devi v. State of U.P. and others and one other connected petition Page No. 33 of 33 staff in the structural design of the department to implement the scheme. (52) List the case for further hearing on 25.03.2025 when the report as directed is available on record. (53) We may clarify that Public Interest Litigations instituted before this Court are not adversarial litigation which requires conclusion of the proceedings one way or the other rather the object is to streamline the process of law for achieving the real object of public service & redressal of grievance and it is for this reason the Court has drawn a foundational premise to secure the ends of justice. (54) The Senior Registrar of this Court is directed to apprise the Members of the Committee about the order passed by this Court today forthwith. . [Subhash Vidyarthi, J.] [Attau Rahman Masoodi, J.] Order Date :- 20.2.2025 lakshman Shipra Devi v. State of U.P. and others and one other connected petition