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2023 Supreme(Bom) 733

A. S. CHANDURKAR, M. W. CHANDWANI
Food Safety Services, through its Proprietor – Appellant
Versus
State of Maharashtra, through it Secretary, Ministry of School Education & Sports – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Shri S.P. Dharmadhikari, Senior Advocate with Shri Kaustubh Kadasane
For the Respondent: Ms N.P. Mehta, Assistant Government Pleader, Shri D.V. Chauhan with Shri A.D. Choudhari

JUDGMENT :

A.S. CHANDURKAR, J.

RULE. Rule made returnable forthwith and heard the learned counsel for the parties.

2. In these writ petitions, challenge is raised to the Technical Summary Report holding the technical bids of the petitioners to be non-responsive thus preventing them from further participation in the tender process.

3. On 02.03.2023 the respondent no.2-Directorate of Primary Education, Pune floated an E-Tender inviting bids for allotting the work of imparting training to Cooks and Helpers under the Mid-Day Meal Scheme that is to be implemented under Pradhan Mantri Poshanshakti Nirman Yojana. The petitioner in Writ Petition No. 2269 of 2023 is a public trust registered under the Maharashtra Public Trusts Act, 1950 having its office at Mumbai. It claims to have operations in the entire State of Maharashtra with a Regional Office at Akola. Its technical bid has been held to be non-responsive under the Technical Summary Report dated 29.03.2023. Similarly, the petitioner in Writ Petition No. 2108 of 2023 is a proprietary firm having its Office at Bhandara, Maharashtra and claims to be interested in undertaking such work within the State of Maharashtra. Its technical bid has b

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