A.V. SAVANT, J.:—Heard all the learned Counsels, Shri. A.A. Kumbhakoni for the petitioner, Shri. V.V. Pai, Assistant Government Pleader for respondent Nos. 1, 2, 3 and 5, and Shri. D.B. Bhosale for respondent No. 4.

2. This petition is taken up for final disposal pursuant to the order dated 24th October, 1997, passed by the Apex Court in Civil Appeal No. 7522 of 1997 arising out of Special Leave Petition (Civil) No. 15335 of 1997. The appeal to the Apex Court arose out of an order dated 5th August, 1997 in Writ Petition No. 3196 of 1997 which was disposed of at the admission stage. The controversy relates to the allotment of a contract for transporting rice under the Mid Day Meal Scheme of the Government of Maharashtra promulgated under the Government Resolution dated 22nd December, 1995 as a part of the National Programme of Nutritional Support to Primary Education. In this petition we are concerned with the allotment of the contract to respondent No. 4 under the order dated 5th July, 1997 which is the order impugned in the present petition.

3. The scheme evolved by the Central Government and implemented by the State Government is a part of the National Programme of Nutrit