VAISHNORANI MAHILA BACHAT GAT versus STATE OF MAHARASHTRA & ORS.

VAISHNORANI MAHILA BACHAT GAT versus STATE OF MAHARASHTRA & ORS.

The imposition of tender conditions by the State of Maharashtra—requiring specific technology, high turnover, and district-based units—was arbitrary and not in accordance with the National Food Security Act, 2013, Supreme Court orders, and central policy; such conditions were invalid and exclusionary of genuine local Mahila Mandals/self-help groups. The tender notice was struck down and the State was directed to invite fresh tenders strictly in line with policy and observations made in the judgment.

Parties
Appellant/petitioner: Vaishnorani Mahila Bachat Gat; Respondent: State of Maharashtra & Ors.
Jurisdiction
India
Judgment Date
26 February 2019
Procedural Posture
Civil Appeal / Final Disposition by Supreme Court
Outcome
Appeals and writ petition disposed of; tender notice struck down.
Legal Topics
Tender Eligibility, Arbitrariness, Decentralisation, Integrated Child Development Scheme, Supplementary Nutrition, Self Help Groups
Government Contracts Public Procurement Constitutional Law Administrative Law Food Security Tender Eligibility Arbitrariness Decentralisation +3 more

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Parties

Vaishnorani Mahila Bachat Gat

Appellant/petitioner

State of Maharashtra & Ors.

Respondent

Procedural Posture

Civil Appeal / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether eligibility conditions of the tender issued by the State of Maharashtra for supply of food to Anganwadi centres are arbitrary and unreasonable.
  2. 2 Whether such contracts should be awarded to local Mahila Mandals/self-help groups or to large corporate contractors.
  3. 3 Whether tender conditions comply with the spirit of the National Food Security Act, 2013 and judicial precedent.

Ratio Decidendi

The imposition of tender conditions by the State of Maharashtra—requiring specific technology, high turnover, and district-based units—was arbitrary and not in accordance with the National Food Security Act, 2013, Supreme Court orders, and central policy; such conditions were invalid and exclusionary of genuine local Mahila Mandals/self-help groups. The tender notice was struck down and the State was directed to invite fresh tenders strictly in line with policy and observations made in the judgment.

Court Disposition

Appeals and writ petition disposed of; tender notice struck down.

Orders

  • Tender notice issued by State of Maharashtra is struck down.
  • Fresh tenders to be invited within four weeks strictly as per central policy and judgment.