Shimla, Apr 9,
In a move aimed at ensuring food safety standards in public institutions, the Himachal Pradesh High Court has directed the State Government to clarify whether canteens and messes in educational and healthcare institutions under the Health Department are operating in compliance with the Food Safety and Standards Act, 2006.
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The directive was issued in the case titled Court on its own motion versus State of Himachal Pradesh and others. The case originally stemmed from a complaint regarding alleged high mess charges by the Student Nursing Association, but has now expanded in scope to address broader public interest concerns related to food safety.
Fresh communication from student body leaders
A recent development in the case involves a communication received from students — Aakriti Sharma, Riya Kutahria, Ishita Bhardwaj, Kanchan Sharma, Shreya Jaswal, and Kritika Thakur — claiming to be the newly appointed office bearers of the Student Nursing Association. They expressed their intent to withdraw the petition voluntarily.
However, the Court noted that none of these individuals were signatories to the original representation, which included names such as Angel Negi, Ankita Shandil, Shivani Vashist, Vijay Laxmi, and Shagun Chaudhary, who had initially raised the grievance.
While allowing respondent No.4 (the mess operator) two weeks to file a reply, the Court expanded its inquiry into whether food services in such institutions are being operated in accordance with the Food Safety and Standards Act, 2006 — specifically referencing Sections 26 and 31, which mandate licensing, safety protocols, and hygiene standards.
At this stage, it would be also in public interest to ensure that Mess and Canteen in Institutions and Hospitals run and/or controlled Health Department of HP are being run by complying provisions of Food Safety and
Standards Act, 2006 or not,” stated the bench comprising Justice Vivek Singh Thakur and Justice Ranjan Sharma in a order. Adding,” Section 26(2) and (3) and Section 31 of the Food Safety and Standards Act, 2006 alongwith other provisions may be relevant ….” .
The Court observed that the State’s reply does not clarify whether respondent No.4 holds a valid food business license or adheres to required safety standards. It also raised concern over the employment of food handlers, as the law prohibits employing individuals suffering from infectious diseases.
Directions issued
The bench has directed Respondent No.4 to place on record proof of licensing and compliance with the Food Safety and Standards Act, 2006. The State Government to file an affidavit confirming whether food operations across all educational and healthcare institutions under the Health Department are compliant with the provisions of the Act.
” Keeping in view the provisions of Food Safety and Standards Act, 2006 and silence of Respondents-State with respect to compliance in its reply, we feel it appropriate to direct Respondents-State to file affidavit with respect to educational institutions/hospital being run or under the control of Health Department of Government of HP, placing on record the information as to whether the mess/ canteen in the institutions/hospitals are being run in
consonance with the provisions of Food Safety and Standards Act, 2006 or not,” noted the court.
The High Court emphasized that this action is in public interest, given the health implications of food being served in institutional settings.
The respondents have been given time till May 31, 2025, to file the necessary affidavits and documentation. The matter will next be heard on June 20, 2025.
