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2021 Supreme(Bom) 1269

A.S.CHANDURKAR, G.A.SANAP
Shagun Mahila Audyogik Sahakari Sanstha Maryadit – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Akshay A.Naik, Advocate, H.C.Chitaley, Advocate, S.P.Dharmadhikari, Advocate, A.S.Fulzele, Advocate

JUDGMENT

A.S.CHANDURKAR,J. - RULE. Heard finally.

2. The challenge raised in this writ petition filed under Article 226 of the Constitution of India is to the tender notice dated 18.03.2021 that has been floated by the respondent no.3 for transportation of rice from the godowns of the Food Corporation of India and also for supply of other food-grains, pulses, oil, spices and condiments to schools under the Mid-Day Meal Scheme in the District of Nagpur. An alternate prayer is made seeking a declaration that the tender condition insofar as it related to collection of samples of food-grains and condiments as well as their testing as a basis for eligibility of a bidder is illegal.

3. It is the case of the petitioner that it is a Society registered under the provisions of the Maharashtra Co-operative Societies Act, 1960 and is Engaged in the up liftment of women by providing them work. On18.03.2021 the respondent no.3-Director of Education (Primary), Pune issued a tender notice inviting bids for transportation of rice and other food-grains under the Mid-Day Meal Scheme in the District of Nagpur. The rice and food-grains were to be supplied to about 2296 schools in the district. The petit

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