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| + | ====== Mid-Day Meal not served? RTI to fix it ====== | ||
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| + | Meena' | ||
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| + | This is the situation the mid-day meal RTI is built for. The meal is not a favour from the school; it is a **legal entitlement** of every child up to Class 8 in a government or government-aided school. When it stops, the answer is not to argue at the gate. The answer is to file a single, precise RTI application that forces the education department to put its records on paper. Once the registers, grain receipts, and hygiene audits are in your hand, the problem usually fixes itself. This page shows you exactly how to do that, step by step, in plain language. | ||
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| + | <WRAP info> | ||
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| + | ===== Why the meal is a legal right, not a favour ===== | ||
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| + | Three layers of law back your child' | ||
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| + | - **The Supreme Court order in PUCL v. Union of India (Writ Petition 196 of 2001).** On 28 November 2001, the Supreme Court turned the mid-day meal scheme into a legal entitlement and directed that every government and government-assisted primary school serve a cooked meal of at least 300 calories and 8 to 12 grams of protein on at least 200 days a year. The Court grounded this in the right to food being part of the right to life under Article 21 of the Constitution. This is the bedrock: a court-ordered right, not a scheme that officials may switch off at will. | ||
| + | - **The National Food Security Act 2013, Section 5.** This statute makes the entitlement concrete. Section 5(1)(b) gives every child up to Class 8, or in the 6 to 14 years age group, one free mid-day meal every school day (except holidays) in all schools run by local bodies, the government, and government-aided schools. Sub-section (2) adds that the school must also provide cooking, drinking water, and sanitation facilities. The nutritional norms sit in Schedule II: **450 calories and 12 grams of protein** for primary classes, and **700 calories and 20 grams of protein** for upper primary classes, per child per meal. | ||
| + | - **The PM POSHAN Scheme.** The mid-day meal scheme was renamed and restructured as the **Pradhan Mantri Poshan Shakti Nirman (PM POSHAN) Scheme**, a Centrally Sponsored Scheme run by the Department of School Education and Literacy in the Ministry of Education. The Cabinet approved it for the period 2021-22 to 2025-26. The operative comprehensive guidelines were issued by a D.O. letter dated **21 December 2022** from the Joint Secretary (EE-I), Ministry of Education — not the 2021 date, which was only the Cabinet approval year. Material and cooking costs were raised by 9.5 percent (CPI-RL based) effective **1 May 2025**: Rs 6.78 per child per day for Balvatika and Primary, and Rs 10.17 per child per day for Upper Primary, shared between Centre and state at 60:40 for most states, 90:10 for the North-East and Himalayan states, and 100 percent for Union Territories without a legislature. | ||
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| + | These three together mean that when the meal stops, someone in the chain — school, block, district, or state — is breaking a statutory and court-ordered duty. Your RTI asks them to show the paper trail that proves it. | ||
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| + | ===== Why these records are disclosable under RTI ===== | ||
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| + | Some officials will tell you mid-day meal records are " | ||
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| + | The Central Information Commission has said the same thing: mid-day meal scheme records — beneficiaries, | ||
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| + | On top of this, the PM POSHAN Guidelines (December 2022) make a **social audit mandatory in every district**, and monitoring is done through the MIS portal and the Automated Monitoring System (AMS), plus periodic Joint Review Missions. These audit and monitoring records are also disclosable. | ||
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| + | ===== Step 1: Where to file ===== | ||
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| + | File **two applications**, | ||
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| + | - **The District Education Officer (DEO)** is the district-level authority for school operations. The DEO holds the daily meal registers, cook-attendance registers, and school-level hygiene reports. This is your first stop. | ||
| + | - **The State MDM Cell** (the state PM POSHAN office, usually housed in the Directorate of School Education) holds the grain pipeline: allocations from the Food Corporation of India, dispatch to blocks, expenditure against the material cost share, and the FSSAI licensing chain for centralised kitchens. File here for the supply-and-money trail. | ||
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| + | A common mistake is to file only at the school or only at the block office. The school has the daily register but not the grain-receipt ledger from FCI; the state cell has the grain ledger but not your school' | ||
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| + | ===== Step 2: The five records to ask for ===== | ||
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| + | Ask for exactly these five. They are the set that, taken together, shows whether the meal is being served, cooked by real staff, supplied with real grain, checked for safety, and sourced from a licensed kitchen. | ||
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| + | - **Daily meal register for the last 30 days** — the school' | ||
| + | - **Cook-attendance register** — shows whether the cook and helper actually reported for work on the days the meal was missing. This separates "cook absent" | ||
| + | - **Grain-receipt register** — the ledger of rice and dal received from the block or FCI and issued to the kitchen. This is where diversion usually shows up: grain entered the school' | ||
| + | - **Latest hygiene audit report** — the PM POSHAN Guidelines require monitoring of kitchen and toilet hygiene. Ask for the most recent inspection or social-audit report for the school or the centralised kitchen that feeds it. | ||
| + | - **FSSAI licence and compliance of the supplier or centralised kitchen** — under the Food Safety and Standards (Safe and Wholesome Food for School Children) Regulations 2018, read with the FSS Act 2006, all centralised mid-day meal kitchens run by food businesses must be FSSAI licensed or registered. FSSAI even has a specific Kind-of-Business category called **" | ||
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| + | ===== Step 3: The RTI application template ===== | ||
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| + | Copy this, fill in the blanks, and hand it in (or send it by registered post). Use one copy for the DEO and one for the State MDM Cell, changing the addressee. | ||
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| + | < | ||
| + | To: The Public Information Officer | ||
| + | Office of the District Education Officer / State MDM Cell | ||
| + | [District / State] | ||
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| + | Subject: Application under Section 6(1) of the RTI Act 2005 | ||
| + | — PM POSHAN mid-day meal delivery, quality and supply at | ||
| + | [School name], [Block], [District] | ||
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| + | 1. Name: [Your name] | ||
| + | 2. Address: [Your address with PIN] | ||
| + | 3. Particulars of information required: | ||
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| + | (a) A certified copy of the daily mid-day meal register of | ||
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| + | fed, menu cooked, and whether the meal was served each day. | ||
| + | (b) A certified copy of the cook and helper attendance register | ||
| + | for the same 30 days. | ||
| + | (c) A certified copy of the foodgrain receipt and issue register | ||
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| + | (d) The latest hygiene audit / social audit / inspection report | ||
| + | for [School name] or the centralised kitchen supplying it. | ||
| + | (e) The FSSAI licence or registration number and the latest | ||
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| + | 4. I am a citizen of India. The information is not exempt under | ||
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| + | 5. Fee of Rs 10 is paid by [Indian Postal Order / cash against | ||
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| + | Date: [Date] | ||
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| + | [Enclose IPO / DD for Rs 10] | ||
| + | </ | ||
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| + | A few points on the template. The Rs 10 Central Government fee is set by the RTI Rules 2012 and can be paid by cash against a receipt, by Indian Postal Order, Demand Draft, or banker' | ||
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| + | ===== Step 4: What happens next, and the escalation ladder ===== | ||
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| + | After 30 days, one of three things has happened. Here is the ladder for each. | ||
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| + | - **You got the records.** Read them against what your child reported. A blank in the daily register on the days meals were missing, or grain booked in but not issued, is your evidence. Take it to the School Management Committee (SMC) and to the DEO in writing. In most cases, the meal resumes within days because the records have now been seen by someone outside the school. | ||
| + | - **You got a refusal or no reply.** If the PIO refuses or the 30 days pass silently, file a **first appeal** under Section 19(1) of the RTI Act with the First Appellate Authority (usually a senior officer in the same department, named in the PIO's reply or on the authority' | ||
| + | - **The first appeal also fails.** File a **second appeal** with the Central Information Commission (for Central authorities) or the State Information Commission (for state authorities) under Section 19(3). There is no fee. The Commission can order disclosure and penalise the PIO for delay without reasonable cause. | ||
| + | - **If the root problem is a violation of the child' | ||
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| + | ===== Common mistakes to avoid ===== | ||
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| + | - **Filing only at the school.** The headmaster is rarely the PIO and often has no authority to release the grain ledger. File at the DEO and the State MDM Cell. | ||
| + | - **Skipping the FSSAI licence ask.** This is the single most powerful item. An unlicensed centralised kitchen is a clean, documented breach, and FSSAI law gives you a regulator to complain to as well. | ||
| + | - **Asking vague "why is the meal bad?" questions.** Ask for specific, named registers and reports. Officials must disclose records, not write essays. Specific asks get specific paper. | ||
| + | - **Filing alone when you could file together.** A Parent-Teacher or SMC collective RTI is harder to ignore and protects any one parent from being singled out. | ||
| + | - **Forgetting the PM POSHAN monitoring tools.** Cross-check the reply against the PM POSHAN MIS portal and the public dashboard before you escalate, so you can spot a doctored register. | ||
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| + | ===== Related reading ===== | ||
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| + | - [[rti-for-teacher-attendance|Teacher attendance RTI]] — same record-driven approach for absent teachers. | ||
| + | - [[rti-for-school-admission-rte|RTE admission RTI]] — for the 25 percent RTE quota and admission denial. | ||
| + | - [[rti-mid-day-meal-school|Mid-Day Meal not served? File one RTI]] — the sibling field story for a single-school complaint. | ||
| + | - [[rti-anganwadi-services|Anganwadi services missing? File one RTI]] — the younger-child nutrition counterpart under ICDS. | ||
| + | - [[cases: | ||
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| + | ===== Sources ===== | ||
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| + | - PM POSHAN Scheme — official guidelines page, Ministry of Education: https:// | ||
| + | - PM POSHAN comprehensive guidelines (December 2022) PDF: https:// | ||
| + | - News on AIR / PIB — 9.5 percent material cost enhancement effective 1 May 2025: https:// | ||
| + | - National Food Security Act 2013, Section 5 — Indian Kanoon: https:// | ||
| + | - National Food Security Act 2013 — India Code (NIC): https:// | ||
| + | - PUCL v. Union of India, WP(C) 196 of 2001 — Supreme Court interim orders (Right to Food case): https:// | ||
| + | - FSSAI — Kind of Business eligibility (Mid-Day Meal Caterer / Canteen licensing): https:// | ||
| + | - RTI Online FAQ — Rs 10 fee, modes of payment, timelines (RTI Rules 2012): https:// | ||
| + | - RTI Act 2005, Section 4(1)(b)(xii) — India Code (NIC): https:// | ||
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| + | ===== If this helped ===== | ||
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| + | If this guide helped you get a child fed, two things keep this work going. First, grab [[https:// | ||
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| + | //Last reviewed: 3 July 2026.// | ||
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| + | {{tag> | ||