LexSHAGUN MAHILA UDYOGIK SAHAKARI SANSTHA MARYADIT versus STATE OF MAHARASHTRA & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2011] 13 (ADDL.) S.C.R. 789
SHAGUN MAHILA UDYOGIK SAHAKARI SANSTHA
A
MARYADIT
v.
STATE OF MAHARASHTRA & ORS.
(Civil Appeal No.7104 of 2011)
AUGUST 19, 2011
B
[ALTAMAS KABIR AND SURINDER SINGH NIJJAR, JJ.]
Government Contracts - Tender - Eligibility criteria -
Supply of food under Supplementary Nutrition Programme of C
Integrated Child Development Scheme (!CDS) - Central
Government revised nutritional and feeding norms which
required the food to be fortified with essential micro nutrients
- Extrusion technology was required to produce such food -
In response, respondent-State took out Expression of Interest D
(EOI) for supply of fortified blended food manufactured
through process of extrusion - Contract granted to respondent
Nos.4 to 6 - Challenge to - Writ petition filed by appellant
dismissed by the High Court - On appeal, held. The writ
petition was rightly dismissed by the High Court - The EOI
E
had deliberately stressed on the need of precise
measurements for preparation of the food - The food was to
be prepared in the manner prescribed by the Government for
safety and nutrient composition of the food - It could not be
left to uncertainties of the machinery available with individual
F
manufacturers - The procedure adopted was necessary to
ensure that there was "zero infection" in the food - Since the
beneficiaries were infants from the age group of 6 months to
3 years and pregnant and lactating mothers, it was all the
more desirable to have fully automated plants and thus avoid
G
the use of human hands in processes like- handling,
cleaning, grinding, extrusion and mixing -
Such
considerations were not extraneous to the purpose for which
the EOI was floated -
The condition in EOI of asking for
789
H
790
SUPREME COURT REPORTS [2011] 13 (ADDL) S.C R
A minimum Rs. 1 crore turnover for the last three years was also
not arbitrary -
The appellant failed to satisfy the eligibility
criteria as contained in Clause 6 of the EOI which required
that the tenderer should have produced the specified food for
the last three consecutive years and supplied the same to
B Anganwadi's in /CDS - Since the appellant did not possess
a suitable manufacturing unit, it was ineligible on this score
alone - The appellant was not eligible at all to be even
considered in the tender process.
C
In the year 1975, the Central Government floated a
scheme termed as "Integrated Child Development
Scheme" (ICDS) in order to improve the health and
nutrition status of the children (between the age group
of 0-6 years) and pregnant and lactating women, by
providing them with supplementary food. Under the
D Scheme, c.ertain kind of specified food was proposed to
be supplied through Anganwadi Centres (AWCS).
Apparent lack of progress in implementation of the
aforesaid Scheme prompted the Peoples Union for Civil
Liberties (PUCL) to move this Court by way of a Writ
E Petition under Article 32 of the Constitution, whereafter
by a series of orders passed in the aforesaid writ
proceedings, this Court issued necessary directions.
Pursuant to the directions, respondent Nos.1 and 2
F passed a resolution which provided for a detailed
procedure of making available "Ready to Eat" ('RTE')
food targeted to beneficiaries through Anganwadis. The
food was to be supplied by Mahila Mandal, Mahila
Sanstha, Women Self Helping Saving Groups, Sale
G Assistant Saving Group for Anganwadis.
H ,
Subsequently, in 2009, the Central Government
revised the nutritional and feeding norms for
supplementary nutrition in ICDS Scheme. The revised
SHAGUN MAHILA UDYOGIK SAHAKARI SANSTHA MARYADIT 791
v. STATE OF MAHARASHTRA
norms required that the supplementary food be fortified
A
with essential micro nutrients with 50% of RDA level per
beneficiary per day. The Central Government thereafter
circulated the Recipe to the Maharashtra State
Government (respondent No.1) as per new norms of ICDS
for preparation of the food. It was provided that the
B
feeding ncrms ought to have two components in it, to be
provided as supplementary nutrition to the beneficiaries
at Anganwadi Centres (AWCS) namely:- Hot Cooked
Meal (HCM) and Take Home Ration (THR). Directions were
issued that HCM and THR should be given in the form of c
"energy dense food I micro nutrient fortified food" and
the food be processed by using Extrusion Technology.
It was further emphasised that since the revised
guidelines laid major stress on microExcerpt shown. Read the full judgment & AI analysis in Lexace.