Karnataka High Court
Umamani K L vs State Of Karnataka on 23 April, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2025:KHC:16967
WP No. 24930 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF APRIL, 2025
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 24930 OF 2024 (GM-RES)
BETWEEN:
1. UMAMANI K L
WIFE OF SATISH MS,
AGED ABOUT 40 YEARS,
RESIDING AT NO.4/1,
5TH CROSS, 4TH MAIN, VTC
BANGALORE NORTH, POST OFFICE
BASAVESHWARANAGAR-560 079, KARNATAKA.
...PETITIONER
(BY SRI. VIKRAM HUILGOL, SENIOR ADVOCATE A/W
SRI. ROHAN VEERANNA TIGADI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY,
M.S. BUILDING,
Digitally
signed by R DR. AMBEDKAR VEEDHI,
HEMALATHA BENGALURU - 560 001
Location: REPRESENTED BY SECRETARY,
High Court of
Karnataka DEPARTMENT OF SCHOOL EDUCATION AND LITERACY.
2. SECRETARY
DEPARTMENT OF WOMEN AND CHILD
DEVELOPMENT AND DISABLED CITIZEN, KARNATAKA
M.S. BUILDING, DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
3. DIRECTOR,
DEPARTMENT OF WOMEN AND CHILD
DEVELOPMENT AND DISABLED AND SENIOR CITIZEN,
KARNATAKA, M.S. BUILDING,
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NC: 2025:KHC:16967
WP No. 24930 of 2024
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU-560 001.
4. CHIEF SECRETARY
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
5. STATE PLANNING DIRECTOR
INTEGRATED EDUCATION, KARNATAKA
HAVING OFFICE NEW PUBLIC OFFICES
SUPPLEMENTARY BUILDING NRUPTUNGA ROAD
K.R. CIRCLE, BANGALORE-560 001,
REPRESENTED BY PLANNING DIRECTOR.
6. RAGHUPATHI M.J.
S/O JAYARAMAIAH
AGED ABOUT 43 YEARS
MINOR GUARDIAN OF SUBHASH CHANDRA
M.R. STUDYING AT 1ST STANDARD
GOVERNMENT HIGHER PRIMARY SCHOOL MADAPURA
R/AT MADAPURA VILLAGE
MAYAGANAHALLI POST
RAMANAGARA TALUK AND DISTRICT-560 128.
...RESPONDENTS
(BY SRI. BHANU PRAKASH, AAG A/W SRI. M.R. PATIL, HCGP FOR R1 TO R5;
SRI T. NARAYANASWAMY, ADVOCATE FOR SRI KASHINATH J.D., FOR PROPOSED RESPONDENT IN IA 3/24) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER BEARING NUMBER EP 251 PBS 2024 DATED 11.06.2024 (ANNEXURE-A), ISSUED BY RESPONDENT NO.1 THE ORDER BEARING NUMBER EP 258 PBS 2024 DATED 19.06.2024 (ANNEXURE-B) ISSUED BY RESPONDENT NO.1 AND THE REMINDER LETTER BEARING NUMBER SACHIK/G.KHA/PAB/PRU.PRA/2024-25 DATED 20.06.2024 (ANNEXURE-C) ISSUED BY RESPONDENT NO.5 AS UNCONSTITUTIONAL AND VOID.
-3-NC: 2025:KHC:16967 WP No. 24930 of 2024 THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED ON 21.03.2025 ORDERS AND COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CAV ORDER
1. The petitioner, who is the President of the Karnataka Anganwadi Workers and Helpers Association and a teacher in an Anganwadi Centre, challenges:
● The impugned order EP 251 PBS 2024 dated 11.06.2024 passed by Respondent No.1, proposing the establishment of Early Childhood Care and Education Centres (ECCE)/pre-primary education units in 1008 schools across 7 districts of the Kalyan Karnataka region, and ● Government Order EP 258 PBS 2024 dated 19.06.2024, which provides for setting up pre-primary schools in 578 primary schools for the academic year 2024-25.
Pursuant to the aforementioned orders, Respondent No.5 issued a letter dated 20.06.2024 prescribing guidelines for the establishment of such pre-primary schools in Karnataka.
1.1 The petitioner assails the impugned orders on the following grounds:
-4-NC: 2025:KHC:16967 WP No. 24930 of 2024 ● They are in violation of Section 5(1)(a) read with Schedule II of the National Food Security Act, 2013;
● They contravene Clauses 3.3 and 3.16 of the Poshan 2.0 Guidelines;
● They run contrary to the National Education Policy, 2020 (NEP 2020), which mandates that children aged 6 months to 6 years are to be provided supplementary nutrition and foundational early education exclusively through Anganwadi Centres.
● They are manifestly arbitrary, lack a rational or guiding principle, and are violative of Article 14 of the Constitution of India.
● They are contrary to the directions issued by the Hon'ble Supreme Court of India in W.P. No. 196/2001.
1.3 Under the Impugned orders issued by respondent No.1 and a remainder letter issued by respondent No.5, respectively, the following clauses are noted that a. Accorded approval for setting up pre-primary schools in primary schools located in several parts of Karnataka.
(clause 11, Order dated 11.06.2024).
-5-NC: 2025:KHC:16967 WP No. 24930 of 2024 b. Provided for the appointment of a helper and a teacher to be temporarily appointed for 10 months in every newly established pre-primary school. (clause 13, Order dated 19.06.2024) c. The Director, Mid Day Meal Scheme, was directed to call for fresh proposals to provide food to children joining the pre-primary schools (clause 14, letter dated 20.06.2024).
Submissions:
2. Shri Vikram Huilgol, learned Senior Counsel appearing for Shri Rohan Veeranna Tigadi, learned Counsel for the petitioner, submitted that the impugned Government Order issued by Respondent No.1, proposing the establishment of pre-primary schools within existing primary schools, is contrary to Section 5 of the National Food Security Act, 2013, which mandates that every child up to the age of six years shall be provided with nutritional support through the local Anganwadi Centres, in accordance with the nutritional standards specified in Schedule II of the Act. He further contended that the impugned order is also in direct conflict with the Government Order dated 22.07.2024, issued by the Department of Women and Child Development.
3. Shri. Bhanu Prakash learned AAG and Shri. T. Narayanswamy, learned Counsel for the proposed respondent, submitted the following:-6-
NC: 2025:KHC:16967 WP No. 24930 of 2024 3.1 The National Food Security Act, 2013 and the Poshan 2.0 Guidelines provide for functional integration and coordination between the Department of School Education and the Department of Women and Child Development, with the latter primarily responsible for the nutritional needs of children.
The National Education Policy, 2020 (NEP 2020) endorses the adoption of a common curriculum and pedagogy for Early Childhood Care and Education (ECCE) across both Anganwadi Centres and pre-primary classes. It is further contended that the NEP expressly envisions a gradual integration of Anganwadi Centres into formal school complexes and clusters, as contemplated under paragraphs 1.4 and 1.5 of the policy document.
3.2 It is submitted that the contentions raised by the petitioner do not fully reflect the prevailing ground realities. Of the 65,911 Anganwadi Centres operational in the State, approximately 13,58,403 children aged between 3 to 6 years are enrolled and are entitled to receive ECCE. Among these, the Kalaburagi Division records the highest enrolment, with 4,22,255 children in the 3-6-year age bracket. It is further submitted that the Department of School Education (DSE) in Karnataka is currently providing nutritional supplements not only to children up to six years of age but also to pregnant and lactating women. These supplements exceed the nutritional benchmarks prescribed under both the Integrated Child Development Services (ICDS) and Mid-Day Meal (MDM) schemes. It is asserted that both the DSE and the Department of Women and Child Development (WCD) are in compliance -7- NC: 2025:KHC:16967 WP No. 24930 of 2024 with the mandates of the National Food Security Act, 2013. Furthermore, the nutritional supplements provided in primary schools to pre-primary children are higher in calorific and protein content as compared to those provided under ICDS, which is substantiated by government-issued guidelines under Samagra Shikshana Karnataka (SSK).
3.3 With respect to the petitioners' contention regarding duplication of human resources and infrastructure, the respondents submit that the teachers currently employed for ECCE classes, particularly in the Kalaburagi Division, possess Bachelor of Education (B.Ed.) degrees, which exceed the minimum qualification prescribed for ECCE educators. Pursuant to the directions issued by the Government to Respondents No.1 to 3 regarding the operationalisation of ECCE classes, approximately 2,786 ECCE schools have already commenced functioning. In view of the above, the respondents contend that the writ petition is devoid of merit and is liable to be dismissed.
4. Heard the submissions made by the learned Counsel of both parties.
5. The point for consideration in the instant writ petition is whether the impugned orders passed by the respondent-State are contrary to the provisions of Section 5(1)(a) of the National Food Security Act, 2013, the Poshan 2.0 Guidelines, and the National Education Policy, 2020 (NEP 2020).
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6. Before proceeding further, it is relevant to refer to the impugned Government Order bearing No. EP 251 PBS 2024 dated 11.06.2024 (Annexure-A), issued by Respondent No.1. The said order reveals that the State Government proposed to commence Pre-Primary classes in 1008 selected Government Primary Schools across seven districts in the Kalyan Karnataka region for the academic year 2024-25. The Additional Commissioner, School Education Department, Kalaburagi, was directed to provide the necessary textbooks, learning materials, and kits through the Integrated Education Karnataka office. The estimated grant required for implementing this proposal was quantified at Rs. 756 lakhs.
7. The said Government Order further proposes the appointment of Pre-Primary Class Teachers and Ayahs on a temporary basis for a period of ten months. It also provides for the supply of teaching materials, nutritional support in the form of milk, bread, and lunch under the Mid-Day Meal Scheme, and lays down administrative measures for the recruitment of teaching staff. The order stipulates the constitution of a Teacher/Ayah Selection Committee, chaired by the Regional Education Officer, comprising the Head Master of the Government school, the President of the Primary Division SDMC, and a senior Assistant Teacher as members.
8. The impugned Government Order bearing No. EP 258 PBS 2024 dated 19.06.2024 (Annexure-B), also issued by Respondent No.1, reflects the approval granted by the Annual Planning Board of the Ministry of Education, Government of -9- NC: 2025:KHC:16967 WP No. 24930 of 2024 India, for the commencement of Pre-Primary classes in 578 selected Government Primary Schools. The order proposes the establishment of one section of Lower Kindergarten (LKG) for the academic year 2024-25, specifically for children aged 4 to 5 years. It further prescribes eligibility criteria for appointment to the post of Pre-Primary Teacher, requiring candidates to have passed Pre-University Course (PUC) with a minimum of 50% marks or possess a Diploma in Nursery Teacher Education (two years or more), B.Ed. (Nursery), E.C.Ed., or D.E.C.Ed. (not less than two years in duration), and must be below 45 years of age. The monthly honorarium is fixed at Rs.10,000/-. For the post of Ayahs, female candidates below the age of 45 years with a minimum qualification of SSLC are eligible, with a monthly honorarium of Rs.5,000/-. The order also provides for nutritional support, a standardised curriculum, and teaching aids for children enrolled in these Pre-Primary classes.
9. The petitioners have contended that the impugned orders are manifestly arbitrary, result in duplication of infrastructure and manpower, and are issued without any guiding principle. In response, the respondent-State has submitted that the newly appointed teachers are B.Ed. graduates, which exceeds the minimum qualifications prescribed for ECCE classes. However, on perusal of the Government Order dated 24.06.2024 produced as Annexure- R6, it is evident that the proposal for commencing 1008 Pre- Primary schools in the Kalyan Karnataka region includes eligibility criteria for the recruitment of teachers possessing PUC and B.Ed. qualifications. There is no material on record to
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NC: 2025:KHC:16967 WP No. 24930 of 2024 suggest that existing Anganwadi workers or teachers have been provided with training by the Government, nor is there any indication of initiatives being taken to upgrade the skills of the existing teaching workforce.
10. A perusal of the Government Order bearing No.MME 173 ICD 2024 dated 20.07.2024 (Annexure-D) indicates that the Government has granted in-principle approval for the commencement of LKG/UKG classes in 250 identified Anganwadi Centres in Bengaluru Urban District. It estimates that a total of 2,441 children in the age group of 4 to 6 years are enrolled in the said Anganwadi Centres. The order further provides that expenditures will be reimbursed through CSR funds, prioritising administrative expenses up to Rs. 5 lakhs per scheme, subject to a ceiling of Rs. 30 lakhs from grants available under the General ICDS scheme in the SNA account. The order mandates specific compliance requirements, such as the operation of ECCE classes only in Anganwadi Centres that have at least two or more rooms in the same building, the functioning of classes between 10:30 AM and 12:30 PM daily, and the identification of Anganwadi workers possessing PUC, Graduation, or Post-Graduation qualifications, who are already trained to teach in English and Kannada mediums.
11. The respondents submitted that the National Food Security Act, 2013 (NFS Act, 2013) and the Poshan 2.0 Guidelines support the integration between the Department of School Education and the Department of Women and Child
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NC: 2025:KHC:16967 WP No. 24930 of 2024 Development, with the objective of providing Early Childhood Care and Education (ECCE) alongside the supply of nutritional support to children. It was further submitted that the Department of School Education in Karnataka is providing nutritional intake exceeding the standards prescribed under the Integrated Child Development Services (ICDS) scheme. According to the respondents, the basic mid-day meal provided to pre-primary children contributes approximately 418 calories of energy and 8.7 grams of protein, while the overall supplementary nutrition provided adds up to 607.6 calories and 20.12 grams of protein. In contrast, the nutritional content provided at Anganwadi centres is limited to approximately 500 calories and 12-15 grams of protein (Annexures R2 and R3).
12. In response, the petitioner submitted that the State Government is under a statutory obligation to provide nutritional support to children below the age of 14 years, pregnant women, lactating mothers, and eligible households through the Targeted Public Distribution System (TPDS) and local Anganwadis. It is, therefore, contended that the impugned orders are contrary to the provisions of the National Food Security Act, 2013.
13. Upon examination of the National Food Security Act, 2013, it is relevant to note that the Act aims to ensure food and nutritional security through a life cycle approach, by guaranteeing access to adequate quantity and quality of food at affordable prices, enabling individuals to live a life with dignity, along with matters incidental thereto.
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NC: 2025:KHC:16967 WP No. 24930 of 2024 As per Section 2(1) of the Act, the term "Anganwadi" is defined to mean "a child care and development centre set up under the Integrated Child Development Services Scheme of the Central Government to render services covered under Section 4, Clause (a) of Sub-section (1) of Section 5, and Section 6."
13.1 Section 3(1) of the Act provides that every eligible household under the Targeted Public Distribution System shall be entitled to receive five kilograms of food grains per person per month at subsidised prices, as specified in Schedule I, from the State Government. Section 3(2) extends these entitlements to seventy-five per cent of the rural population and up to fifty per cent of the urban population.
13.2 Section 4 of the Act prescribes the entitlement of nutritional support to pregnant women and lactating mothers, including the provision of meals free of charge during pregnancy and up to six months after childbirth through local Anganwadi centres, to meet the nutritional standards specified in Schedule II. Additionally, they are entitled to receive maternity benefits of not less than Rs. 6,000, to be disbursed in such instalments as prescribed by the Central Government.
13.3 Section 5(1) of the Act lays down the entitlement of every child up to the age of 14 years to receive nutritional support. Specifically, Section 5(1)(a) provides that children in the age group of six months to six years shall receive age-
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NC: 2025:KHC:16967 WP No. 24930 of 2024 appropriate meals, free of charge, through the local Anganwadi, to meet the nutritional standards specified in Schedule II.
"5."Nutritional support to children.--(1) Subject to the provisions contained in clause (b), every child up to the age of fourteen years shall have the following entitlements for his nutritional needs, namely:--
(a) in the case of children in the age group of six months to six years, age-appropriate meal, free of charge, through the local Anganwadi so as to meet the nutritional standards specified in Schedule II:
Provided that for children below the age of six months, exclusive breastfeeding shall be promoted;
(b) in the case of children, up to Class VIII or within the age group of six to fourteen years, whichever is applicable, one mid-day meal, free of charge, every day, except on school holidays, in all schools run by local bodies, Government, and Government-aided schools, so as to meet the nutritional standards specified in Schedule II.
(2) Every school, referred to in clause (b) of sub-section (1), and Anganwadi shall have facilities for cooking meals, drinking water, and sanitation:
Provided that in urban areas, facilities of centralised kitchens for cooking meals may be used, wherever required, as per the guidelines issued by the Central Government."
13.4 Section 6 of the Act mandates that the State Government, through local Anganwadi centres, shall identify and provide meals, free of charge, to malnourished children, so as to meet the nutritional standards specified in Schedule II.
13.5 Section 7 of the Act obliges the State Government to implement schemes covering the entitlements under Sections
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NC: 2025:KHC:16967 WP No. 24930 of 2024 4, 5, and 6, in accordance with guidelines, including cost- sharing arrangements, as prescribed by the Central Government.
13.5 Furthermore, under Chapter IX of the Act, Section 24 deals with the obligations of the State Government to implement and monitor the schemes for ensuring food security to the targeted beneficiaries in their State, in accordance with the guidelines issued by the Central Government. Sub-section 3 of Section 24 of the Act specifically obligates the State Government to fulfill the requirements of food grains in respect of entitlements provided under sections 4,5 and 6, to take delivery of food grains from the designated depots of the the Central Government for persons belonging to eligible households at the prices as specified in schedule I and to ensure that actual delivery of entitled benefits.
13.6 Section 39(2)(a) of the Act prescribes the power of the Central Government to make rules in consultation with the State Government with respect to the matters, namely, schemes including cost sharing for providing maternity benefits to pregnant women and lactating mothers under clause (b) of section 4. Clause (b) of the same section provides the rule making power with respect to schemes covering entitlements under Sections 4, 5 and 6 including cost sharing under Section
7.
14. By interpreting the above-mentioned provisions of the National Food Security Act,2013 it is pertinent to note that as
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NC: 2025:KHC:16967 WP No. 24930 of 2024 per Sections 4 and 5 of the Act, the State Government is under an obligation to provide Nutritional support to Pregnant women, lactating mothers, children up to the age of 6 months to 14 years through local Anganwadis. Section 3 of the Act provides that eligible households are entitled to receive food grains at subsidised prices from the State Government under targeted PDS. Further, Section 7 of the Act imposes a mandatory obligation on all State Governments for the implementation of schemes covering such entitlements. Section 24 of the Act obligates the State Government to implement and monitor the schemes for ensuring food security to the targeted beneficiaries in their State.
15. The Apex Court, in the case of Dipika Jagatram Sahani v. Union of India and Ors. (W.P. (Civil) No. 1039/2020), issued directions regarding the opening and management of Anganwadi Centres across all States and Union Territories, ensuring that pregnant women, lactating mothers, and children suffering from malnutrition are provided with adequate nutritional support.
16. Accordingly, it is pertinent to note that the impugned orders issued by the respondents are contrary to the aims and objectives of the National Food Security Act, 2013. If implemented, the said orders are likely to cause prejudice to the interests of the beneficiaries and result in greater hardship to the general public. It is relevant to consider that, in exercise of its statutory powers under the NFS Act, the Central
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NC: 2025:KHC:16967 WP No. 24930 of 2024 Government has issued guidelines under the Mission Saksham Anganwadi and Poshan 2.0, which seek to provide a comprehensive framework for implementation.
17. The Deputy Secretary, Ministry of Women and Child Development, vide letter dated 01.08.2022 (No.11/4/2021-CD- 1 (e-95706))--produced as Annexure-G--issued operational guidelines to all Principal Secretaries in charge of Women and Child Development Departments (dealing with Anganwadi services) across all States and Union Territories. These guidelines recognise three primary verticals under "Saksham Anganwadi and Poshan 2.0":
(i) Nutritional Support for POSHAN and Adolescent Girls;
(ii) Early Childhood Care and Education (3-6 years);
(iii) Anganwadi infrastructure, including modern, upgraded Saksham Anganwadis.
18. Clause 1.3 of the operational guidelines outlines the key components of Saksham Anganwadi and Poshan 2.0. The objective is to address shortcomings in ongoing nutrition programmes and accelerate the existing schemes to improve nutritional and child development outcomes. It seeks to provide supplementary nutrition under the Supplementary Nutrition Programme (SNP) for children aged 6 months to 6 years, pregnant women and lactating mothers (PWLM), and adolescent girls aged 14-18 years. It also provides for Early
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NC: 2025:KHC:16967 WP No. 24930 of 2024 Childhood Care and Education (3-6 years) and early stimulation for children aged 0-3 years.
18.1 Clause 3.1 of the guidelines prescribes that Anganwadi Centres shall provide a comprehensive package of services to eligible beneficiaries, including:
i. Supplementary nutrition, ii. Pre-school non-formal education, iii. Nutrition and health education, iv. Immunization, v. Health check-ups, and vi. Referral services.
18.2 Further, Clause 3.15 provides for Early Childhood Care and Education (ECCE) to pre-primary children as follows:
"3.15 Early Childhood Care and Education (ECCE): ECCE will include provision of pre-school learning materials to support the cognitive, emotional, social, and intellectual development of children; development of muscular coordination and basic motor skills; aesthetic appreciation, independence and creativity; good hygiene and healthy habits; and training and skilling activities to make all pre- schoolers school-ready and enable seamless integration of children aged 5-6 years into Grade I. ECCE is proposed to be rolled out in all Anganwadi Centres beginning FY 2022-23. States shall make concerted efforts to enrol children aged 3-6 years at Anganwadi Centres to avail the ECCE programme. Training and skilling of Anganwadi Workers (AWWs) for ECCE shall be conducted in
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NC: 2025:KHC:16967 WP No. 24930 of 2024 convergence with the Department of School Education and Literacy. A Task Force constituted by the Ministry of Women and Child Development shall examine and provide recommendations on the content and delivery mechanisms, including ECCE material. Once finalised, the report shall be shared with States/UTs."**
19. In view of the aforementioned guidelines, it is clear that Anganwadi Centres, apart from providing supplementary nutritional support, also offer pre-school non-formal education, immunisation, health care facilities for pregnant women, referral services, and distribution of food grains at subsidised prices to eligible households.
20. On the contrary, the respondent-State relies on the National Education Policy, 2020 (NEP 2020), which seeks to provide a common curriculum and pedagogy for ECCE across both Anganwadis and pre-primary classes. It is further contended that NEP 2020 envisages full integration of Anganwadis into school complexes and clusters, as outlined in Paragraphs 1.4 and 1.5.
21. However, Clause 1 of NEP 2020, titled "Early Childhood Care and Education: The Foundation of Learning,"
states that 85% of a child's cumulative brain development occurs before the age of 6, thereby highlighting the critical importance of providing proper care and early stimulation to ensure healthy brain development. In order to address existing shortcomings in ECCE delivery, the NEP 2020 issues a series of directives. Relevant to the present case are Clauses 1.4 and 1.5, which read as follows:
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NC: 2025:KHC:16967 WP No. 24930 of 2024 "1.4. The overarching goal will be to ensure universal access to high-quality ECCE across the country in a phased manner. Special attention and priority will be given to districts and locations that are particularly socio-
economically disadvantaged. ECCE shall be delivered through a significantly expanded and strengthened system of early childhood education institutions consisting of:
(a) standalone Anganwadis;
(b) Anganwadis co-located with primary schools;
(c) pre-primary schools/sections covering at least age 5 to 6 years co-located with existing primary schools; and
(d) stand-alone pre-schools - all of which would recruit workers/teachers specially trained in ECCE curriculum and pedagogy.
1.5. To achieve universal access to ECCE, Anganwadi Centres will be strengthened with high-quality infrastructure, play equipment, and well-trained Anganwadi workers/teachers. Each Anganwadi will have a well- ventilated, child-friendly building with an enriched learning environment. Children in Anganwadi Centres shall participate in activity-based visits to local primary schools to ensure a smooth transition from Anganwadis to formal schooling. Anganwadis shall be fully integrated into school complexes or clusters, and children, parents, and teachers will be encouraged to participate in joint programmes with schools and vice versa."
22. From the above-mentioned Clauses 1.4 and 1.5 of NEP 2020, it is evident that the objective of ensuring universal access to high-quality ECCE is to be achieved in a phased manner, with special priority given to socio-economically disadvantaged sections of society. The strengthened and expanded system of ECCE shall consist of:
(a) standalone Anganwadis,
(b) Anganwadis co-located with primary schools,
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(c) pre-primary schools/sections for children aged 5-6 years co-located with existing primary schools, and
(d) stand-alone pre-schools.
23. Clause 1.5 of the NEP envisages that, in order to implement ECCE in a phased manner, the creation of infrastructural facilities is a prerequisite, in addition to the deployment of well-trained workers/teachers specially trained in the curriculum and pedagogy of ECCE. It also necessitates the construction of well-structured buildings and a well- designed, child-friendly learning environment. Anganwadis are to be fully integrated into school complexes/clusters, and Anganwadi children, parents, and teachers will be invited to attend and participate in school/school complex programmes.
24. Accordingly, it is relevant to refer to Clause 1.7 of the NEP, 2020, which provides directives for training existing Anganwadi workers/teachers through a systematic effort in line with the curricular and pedagogical framework developed by NCERT. This training is a prerequisite for integrating ECCE institutions of existing Anganwadi Centres with pre-primary schools. Clauses 1.7 and 1.8 of the NEP state as follows:
"1.7. To prepare an initial cadre of high-quality ECCE teachers in Anganwadis, current Anganwadi workers/teachers will be trained through a systematic effort in accordance with the curricular/pedagogical framework developed by NCERT. Anganwadi workers/teachers with qualifications of 10+2 and above shall be given a 6-month certificate programme in ECCE, and those with lower educational qualifications shall be given a one-year diploma programme covering early literacy, numeracy, and other relevant aspects of ECCE. These programmes may be
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NC: 2025:KHC:16967 WP No. 24930 of 2024 conducted through digital/distance mode using DTH channels as well as smartphones, allowing teachers to acquire ECCE qualifications with minimal disruption to their current work. The ECCE training of Anganwadi workers/teachers will be mentored by the Cluster Resource Centres of the School Education Department, which shall hold at least one monthly contact class for continuous assessment. In the longer term, State Governments shall prepare cadres of professionally qualified educators for early childhood care and education through stage-specific professional training, mentoring mechanisms, and career mapping. Necessary facilities will also be created for the initial professional preparation of these educators and their Continuous Professional Development (CPD).
1.8. ECCE will also be introduced in Ashramshalas in tribal- dominated areas and in all formats of alternative schooling in a phased manner. The process for integration and implementation of ECCE in Ashramshalas and alternative schooling will be similar to that detailed above".
25. Therefore, the guidelines in the NEP, 2020, must be implemented in a phased manner only after the prerequisites under Clauses 1.7, 1.8, and other related directives are fulfilled. The State Government cannot issue an order implementing the NEP guidelines unreasonably, contrary to principles of natural justice, or in derogation of the provisions of the National Food Security Act, 2013, and guidelines under Mission Saksham Anganwadi and Poshan 2.0. The impugned orders are not in conformity with the ICDS scheme. Implementing such orders without considering their adverse impact on the beneficiaries of various Government schemes, who currently avail services through local Anganwadi Centres, would violate Article 14 of the Constitution of India.
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NC: 2025:KHC:16967 WP No. 24930 of 2024
26. In the case of People's Union for Civil Liberties v. Union of India & Ors. (W.P. (Civil) No. 196/2001), the Hon'ble Supreme Court, by order dated 07.10.2004, issued directions regarding the implementation of the Integrated Child Development Scheme (ICDS), which aims to improve the health and nutritional status of children aged 0-6 years by providing supplementary nutrition, food supplements to pregnant and lactating women, and enhancing mothers' ability to care for their children through health and nutritional education.
26.1 The Hon'ble Apex Court further directed both the Central and State Governments to ensure the continuous supply of nutrition to Anganwadis so that there is no disruption in the feeding of children, and to allocate funds for ICDS based on norms--one rupee per child per day, 100 beneficiaries per AWC, 300 feeding days per year--and not to divert the allocated funds under ICDS/PMGY.
26.2 This Scheme benefits over 50 lakh people, including children aged 0-6 years, pregnant women, and lactating mothers, who rely on it for up to 50% of their daily recommended dietary allowance. The Court mandated the State Government to ensure the uninterrupted, quality supply of food items and nutrition to Anganwadi Centres. Additionally, Mahila Supplementary Production Training Centres (MSPTCs) were instructed to collaborate with BIS-certified women's groups to ensure that the food supplied meets the quality standards prescribed by the Central Government.
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NC: 2025:KHC:16967 WP No. 24930 of 2024 26.3 Based on the interim report on ECCE in Karnataka, the Expert Committee, chaired by the Additional Chief Secretary and Development Commissioner for ECC,E reviewed the implementation of LKG and UKG in government schools across Karnataka. The Committee held meetings on 18th October 2024, 23rd January 2025, and 18th February 2025 and made the following recommendations:
1. ECCE in Anganwadi settings is delivered in a multigrade learning environment. Karnataka has nearly 70,000 Anganwadis. ECCE in government kindergartens (LKG/UKG), introduced in 2019, has grown to 2,786 centres in government schools. These systems do not duplicate services across departments but rather offer parents a choice in the kind of early childhood education their child receives.
2. The Education Department should establish kindergartens (LKG/UKG) in government schools where Anganwadis are not already co-located. Location criteria should be based on population/distance and finalized locally by a district committee chaired by the CEO of the Zilla Panchayat, with the DDPI and Deputy Director of WCD as members.
Where possible, an Expert Committee member may also be invited to finalize locations.
3. The Secretary of Expenditure, Finance Department, noted that the WCD Department has proposed infrastructure
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NC: 2025:KHC:16967 WP No. 24930 of 2024 upgrades for 17,000 Anganwadis, including the provision of teaching-learning materials under Mission Saksham Anganwadi at Rs. 1 lakh per Anganwadi. The Expert Committee recommends first assessing this upgradation before expanding to other Anganwadis.
4. It must be understood that "Care"--a critical component of ECCE--is a core competence of the ICDS system, and any development and implementation efforts should leverage this expertise.
5. Both the Anganwadi system and the Education Department must consider the nutritional needs of young children. The nutrition components in both Anganwadis and LKG/UKG kindergartens must provide the required caloric and protein content based on appropriate cost norms.
6. Given the high rates of child malnutrition in Kalyana Karnataka districts, the Expert Committee recommends that the KKRDB reserve at least 25% of its funding in these districts to improve infrastructure, training, and nutrition in the early childhood development sector, both in Anganwadis and government LKG/UKG centres.
27. It is important to note that the Integrated Child Development Scheme (ICDS) was introduced in Karnataka in 1975. Currently, approximately 62,580 Anganwadi Centres and
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NC: 2025:KHC:16967 WP No. 24930 of 2024 3,331 mini-AWCS are operational in the State. In the year 2017-18 alone, around 56.50 lakh beneficiaries availed benefits under the ICDS Scheme. Therefore, the impugned order, which seeks to implement pre-primary schools for children up to the age of 6, adversely affects these ICDS beneficiaries.
28. The impugned Government Order bearing No. EP 258 PBS 2024 dated 19.06.2024 (Annexure-B), also issued by Respondent No.1, prescribed eligibility criteria for appointment to the post of Pre-Primary Teacher and Anganwadi workers. However, the documents produced by the respondents does not indicate that the existing teachers in the primary schools are qualified as per the prescribed eligibility criteria by the respondents and in the absence of sufficient training, which is required to be given to teachers and without providing infrastructural facilities, the impugned order cannot be implemented.
29. Therefore, upon consideration of the materials on record and the submissions made by the parties, it is evident that the impugned orders issued by Respondent No. 1 and the reminder letter issued by Respondent No. 5 are contrary to the provisions of the National Food Security Act, 2013, the guidelines under Saksham Anganwadi and Poshan 2.0, and are not in conformity with the National Education Policy, 2020. They are also inconsistent with the directions of the Hon'ble Apex Court concerning the implementation of the ICDS Scheme. The implementation of the impugned orders adversely affects the beneficiaries of various government schemes and
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NC: 2025:KHC:16967 WP No. 24930 of 2024 the public at large who currently avail services through existing Anganwadi Centres.
Accordingly, I pass the following.
ORDER;
(i) The Writ Petition is allowed.
(ii) The impugned government order bearing number EP 251 PBS 2024 dated 11.06.2024, the order bearing number EP 258 PBS 2024 dated 19.06.2024, issued by Respondent No.1 and the remainder letter bearing no.
Sanchik/G.Kha/PAB/Pru.Pra/2024-25 dated 20.06.2024 issued by Respondent No.5 is hereby quashed.
(iii) The Respondents 2 & 3 are directed to implement the Government order bearing No. MME173 ICD 2024 dated 20.07.2024 throughout the State of Karnataka.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 1 Sl No.: 349