‘Snakes’ in school mid-day meal: Patna High Court demands answers after 189 Bihar kids fall ill

Justices Rajeev Ranjan Prasad and Mohit Kumar Shah were informed that 189 children had fallen ill.

“Small snake” specimens from food plates

• During the hearing, the court examined the functioning of Bihar’s mid-day meal programme, which covers nearly 68,798 schools across the state. The bench was informed that while some schools prepare meals at the panchayat level, 116 centralised kitchens run by 43 NGOs operate across 37 districts.
• Regarding the occurrence which took place in the schools at Baluaha and Chandrayan under Maheshi and Nauhatta Blocks respectively, the court was informed that the food was supplied by an empanelled agency, namely Bharat Ratna Dr Bhim Rao Ambedkar Dalit Udhthan Avam Shiksha Samiti.
• The bench also expressed concern over discrepancies in the collection and testing of food samples.
• Referring to forensic documents on record, the court noted that investigators had recovered “small snake” specimens from food plates at the school.
• The court was informed that the samples were delivered to the regional forensic science laboratory, Bhagalpur. However, the court noted that the SP Saharsa wasn’t aware as to where the samples were kept during the six days before it was delivered to the laboratory.
• The bench also expressed concern over discrepancies in the collection and testing of food samples.

Court seeks explanation

“We find that the analysis report of Agamkuan Laboratory contains lebel declaration ‘Pulse’ and ‘vegetable’ in one of his reports. In the another report it stated as Rice, Pulse, vegetable whereas Mr. Ashok Kumar Sinha, FSO has informed this Court that he had prepared samples of ‘dal’ and khichdi’. Prima-facie, we find that these discrepancies are material discrepancies which are required to be explained,” the court observed.

The court remarked that the role of the agencies and the officers involved in the seizure, sampling and handling of the samples needs to be carefully examined at an appropriate stage.

The court directed both the food safety officer and the food analyst to file affidavits detailing the seizure, sampling, dispatch and receipt of the samples, including courier details and test memos.

The court noted that a case had already been registered in connection with the incident and that the role of the agency operating the centralised kitchens supplying food to the affected schools was also under investigation.

In view of this, the bench directed the director of the directorate of MDM/PM POSHAN, Government of Bihar, to immediately consider whether the agency facing investigation should be permitted to continue supplying food during the pendency of the probe and why prompt administrative action should not be initiated against it.

“We are not making any observation at this stage but prima-facie it seems that the ability of the agency to cater the needs of such large number of schools will be a matter which should be closely scrutinised by the Directorate,” the court noted.

The court observed that it had come to its notice that certain agencies had been allotted more than a hundred schools under the mid-day meal scheme, and said the Directorate should re-examine the existing arrangement in light of the capability and capacity of such agencies to manage the workload.

The bench further directed the directorate to assess whether entrusting such a large number of schools to a single agency could adversely affect the quality and efficiency of the service.

The bench also took note of a delay of nearly seven days in sending the seized samples to the Regional Forensic Science Laboratory in Bhagalpur and directed the SP to head the SIT constituted.

The court has posted the matter on June 2 for further hearing.