Kirvan Vendsol Pvt. Ltd vs. The State Of Maharashtra And Ors. - (High Court of Bombay) (03 Feb 2023)
Plausible decisions need not be overturned, and latitude ought to be granted to the State in exercise of executive powers
The Respondent no.1 floated e-tender for selection of supplier for Supply and Installation of Automatic Sanitary Pad Vending Machines, Sanitary Napkins & Incinerators along with Sanitary Pads in Government schools in the State of Maharashtra Prathamik Shikshan Parishad (MPSP). The Petitioner claims to be a start-up and MSME. As per the tender conditions for a tenderer to be eligible to apply, it should possess past three years' experience and turnover of Rs.12 crores. The Petitioner does not qualify in both these conditions.
The tender in question is for selection of supplier for supply and installation of automatic sanitary pad vending machines, sanitary napkins & incinerators along with sanitary pads in Government schools in the State of Maharashtra Prathamik Shikshan Parishad (MPSP). The same is to further the object of promotion of safe and hygienic menstrual practices in the State especially for school-going adolescent girls.
As the project is for safe and hygiene menstrual practices in school-going adolescent girls and is for supply of sanitary napkins in the Government schools in the State of Maharashtra, naturally, the predominant factor that would have to be kept in mind by the State is the quality of the sanitary napkins to the school-going girls and for that purpose the past experience is utmost necessary. Further, the supply is to 9940 schools in the State of Maharashtra. Large number of supplies would be required and for that purpose, the past turnover and experience would be relevant.
This Court would not sit over as an appellate authority and this Court would interfere only if it is found that the decision is arbitrary, the conditions are illegal, irrational, then only this Court would interfere. This Court would not sit in appeal over decisions of executive authorities or instrumentalities. Plausible decisions need not be overturned, and latitude ought to be granted to the State in exercise of executive powers.
Naturally, as the safety and hygiene menstrual practices in school-going adolescent girls is of paramount importance and for that purpose the high quality will have to be maintained, present Court do not find that there is any illegality in the tender conditions of past experience and turnover. No case is made out for interference. Petition dismissed.
Tags : TENDER SELECTION ELIGIBILITY