The main legal point established in the judgment is that the terms of the tender notice must ensure fairness, transparency, and impartiality in the tender process, particularly in the handling and testing of samples submitted by bidders.

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 petitioner Society being eligible to participate in the tender process purchased the tender form and took steps to submit its bid. On noting the tender conditions the petitioner made a representation raising objections in the pre-bid meeting. These objections however were turned down on 01.04.2021 and this has led to the filing of the present writ petition.

4. Shri Akshay Naik, learned counsel for the petitioner submitted that the challenge raised to the tender notice was with regard to Clauses 2.2(i), 5.1(v), 5.2 and 8.2 in particular. According to him as per the conditions in Clause 2.2(i) a prospective bidder was required to submit samples of various food-grains and spices as per the specifications mentioned in Annexure-A to the tender notice. Annexure-A stipulated various technical specifications. The samples were required to be submitted in two sets and one set of the sample was to be sent for testing to the laboratory. In this regard it was submitted that though each bidder was required to submit samples in two sets, the sub-clause indicated that one set of the sample would be sent to the laboratory but there was no clarity with regard to the fate of the other sample. This indicated lack of transparency on the part of the Authority calling for the bids. It was further submitted that each bidder was required to have a license/certificate under the Food Safety and Standards Act, 2006 and as per Clause 5.1(v) the two samples were required in quantity of 500 Grams and each sample was required to be duly packed and sealed on four sides in a transparent poly-pack. Any marking/sticker or name of the firm was not permitted to be mentioned in the poly-pack. An apprehension was expressed on behalf of the petitioner that in the absence of any identification of the bidder submitting the two samples it would be easily possible to either mix the samples of the bidders or through inadvertence it was likely that the samples submitted by one bidder could be treated as those submitted by some other bidder. This again indicated lack of clarity and transparency. With regard to Clause 7.1(vi) and (vii) it was submitted that the samples were required to be submitted through Government or Government Accredited Laboratories and only on satisfactory laboratory report could the bidder proceed further. Clause 7.2(ix) provided for disqualification of a bidder in case the report of the laboratory testing was not satisfactory. As regards Clause 8.2 it was submitted that sub-clause (iii) provided for random selection of samples for laboratory testing thereby granting complete discretion to the Department officials who were authorized to pick the said random samples. If the sample of the food-grains did not confirm with the required standards in the laboratory testing the payment