The Bombay High Court on Monday dismissed a batch of petitions challenging the Maharashtra Government’s tender process for distribution of subsidised ration kits under the Anandacha Shidha Scheme for the upcoming Ganesh Chaturthi festival.
Under the scheme, the food kits are to be made for distribution during Gauri Ganpati festival through out the state. The festival is to commence from September 7, and over 1.72 crore food kits are to be supplied.
The court noted that considering the stage of the tender process and the short time left to supply the food kits, any interference from the court was uncalled for.
"We are not inclined to interfere at this stage. The petitions are dismissed," a bench of Chief Justice DK Upadhyaya and Justice Amit Borkar said.
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It added: “The task, thus, is humungous and ultimate goal of the scheme under which the food items are to be distributed is to benefit the beneficiaries, that too in a limited period of time.”
The court emphasised that public interest is one of the primary considerations which should be taken into account by a Court before interfering in a tender matter.
The HC, while reserving the order on the petitions on Friday, had asked the State government to not take any further steps on the tender process until the judgment is pronounced.
On Monday, petitioners' counsel Sharan Jagtiani sought extension of the same to allow them to approach the Supreme Court. However the court refused to continue saying the petitions were dismissed.
"Frankly, you (petitioners) had a very good case but given the short time (for supply for food kits to the beneficiaries), we felt we should not interfere. In such matters, personal interest takes a back seat," the court said.
The government had initially introduced the scheme for distribution of subsidised food kits at Rs100 during Diwali. The scheme was extended for Gudi Padwa. The government has now announced that the scheme will also be made available during the Ganesh Chaturthi festival.
Under the scheme the government will distribute one kilogram each of rava (suji), chana dal, and sugar, along with one liter of soybean oil.
Indo Allied Protein Foods Pvt Ltd, Gunia Commercials Pvt Ltd, and Kendriya Bhandar had approached the HC challenging certain conditions in the tender process terming it as biased. One of the conditions was that the bidder should have 70 distribution units and 300 labourers per work order.
Nothing that the festival commences from September 7, the HC said: “… it is hardly a month left when the distribution of food kits are to start and accordingly; having regard to such a short time left for distribution of food kits… unless we find that the tender condition… is manifestly arbitrary or irrational, in our considered opinion, interference in the instant matter at this juncture would not be warranted as it will not be in public interest.”
