Bombay HC refuses to interfere with tender process for Maharashtra’s mid-day meal scheme

Reluctant to delay the provision of nutritious meals for children belonging to disadvantaged and economically weaker sections of society, the Aurangabad bench of the Bombay high court (HC) has refused to interfere with the state government’s decision to centralise the tendering process

Reluctant to delay the provision of nutritious meals for children belonging to disadvantaged and economically weaker sections of society, the Aurangabad bench of the Bombay high court (HC) has refused to interfere with the state government’s decision to centralise the tendering process.

In January, the government had issued a tender notice inviting bids to provide mid-day meals in the form of food grains to eligible school children in 7,549 schools across 19 districts at ₹245 crore. (AFP)

HC rejected a petition filed by a women’s cooperative challenging the government’s decision to conduct the tendering for mid-day meals centrally and not district-wise. The cooperative, which had participated in the district-wise tendering process in the past, alleged that the centralised tendering process was aimed at benefiting contractors close to the government, and hence, the process should be stalled.

In January, the government had issued a tender notice inviting bids to provide mid-day meals in the form of food grains to eligible school children in 7,549 schools across 19 districts at ₹245 crore.

A division bench of justice SV Gangapurwala and justice Shrikant Kulkarni, while hearing a petition filed by Indira Mahila Sahakari Gruh Udyog and Jivanavashyak Vastu Purvatha Bhandar Ltd, was informed by advocate PD Bachate, who represented the petitioners, that the women’s cooperative had participated in district-level tenders since 2011 and was aggrieved at the decision of the government to have the process centralised.

In light of the Covid-19 lockdown, the Supreme Court (SC) in March 2020 had directed the states to continue the mid-day meal scheme. In the light of the SC’s directions, the Central government had issued orders to states in July and August 2020 asking them to supply food grain and pulses to eligible students instead of cooked meals.

Bachate submitted that the conditions stipulated in the centralised tendering process made it clear that there was an attempt to bypass small contractors like the women’s cooperatives and benefit only the bigger contractors who were close to the government.

Special counsel for the state, RN Dhorde, however, informed the court that as the implementation of the SC and Central government order had been delayed, the said food grains and pulses were to be supplied within 20 working days of the supply order being issued. He further added that the centralised process was intended to save time, and hence it should be allowed. He further submitted that in the future, the previous system of having district-wise tenders would be resorted to.

After hearing the submissions, the court observed that as the scheme was intended to benefit children belonging to the disadvantaged sections of society and those from economically poor families, it was not inclined to interfere. “Stalling further process pursuant to the tender would in a way be depriving the children… of the benefit of food security allowance in the form of food grains,” said the court. In light of these observations, the court disposed of the petition.