The court upheld the State's authority to amend tender conditions for Take Home Ration distribution, finding no vested rights for Self-Help Groups under the new legislative framework, emphasizing public interest and nutritional security.

JUDGMENT :

Nitin Jamdar, J.

Rule. Rule made returnable forthwith. The Respondents waive service. Taken up for disposal.

2. The challenge in these Petitions is to certain conditions of a tender for the supply of energy multi-item contract for the supply of Micronutrient Fortified Energy Dense Food as Supplementary Nutrition Food, the Take Home Ration, through Anganwadi Centres in the State of Maharashtra.

3. The State of Maharashtra issued this tender, as indicated by its title, for the supply of Take Home Ration through One Lakh Ten Thousand Four Hundred Forty Six Anganwadi Centers in the State. The Government of India, under the Integrated Child Development Services Scheme (ICDS Scheme), has implemented various initiatives, including the Supplementary Nutrition Programme, to address the nutritional needs of children under six years of age and pregnant and lactating women. Supplementary Nutrition is provided through two methods: as a Hot-Cooked Meal at Anganwadi Centers or as a Take-Home Ration, which can be in the form of raw ingredients or pre-cooked food packets. Take-Home Ration, fortified for children aged between 6 and 36 months and pregnant and lactating women, are intended for home consumption.

4. The Petitioners, in this case, are women's Self-Help Groups, informal organizations that do not necessarily require registration. A bank account as a Self-Help Group can be opened with the National Bank for Agriculture and Rural Development. Upon opening a bank account, the Self-Help Group is automatically registered as such. These groups engage in various activities such as selling food items, making masalas, and papads, amongst other initiatives.

5. The Petitioners contend that Self-Help Groups have a preferential right to participate in the distribution of the Take Home Ration based on the decentralized distribution policy being a fundamental principle. While the State Government acknowledges that Self-Help Groups had such a preferential right under the previous policy, regime the new policy, reflected through changes in the statutory Rules, does not confer any vested or preferential rights on the Self-Help Groups, nor does it mandate decentralization. In essence, this is the core dispute in these Petitions.

6. First, we will give a brief overview of the evolution in statutory provisions and judicial decisions, providing details in context when addressing the submissions.

7. The ICDS Scheme, initiated in 1975, is acknowledged as one of the largest food and supplementary programs globally. Despite its magnitude, initially, there was no legislation specifically for providing nutritional food to vulnerable sections of society in need. This void prompted the Hon’ble Supreme Court to address the concern in Writ Petition No. 196 of 2001, filed by the People’s Union for Civil Liberties (PUCL). In the PUCL case, the Supreme Court issued several orders based on a report by the Saxena Commission dated 5 August 2004, which comprehensively covered the ICDS Scheme. Upon observing the absence of affidavits, the Court issued directives on 7 October 2004, including the sanctioning of funds for a Scheme providing food to children through Anganwadi Centers. Furthermore, it mandated that all Scheduled Caste/Scheduled Tribe habitations should have Anganwadi Centers. It emphasized the non-utilization of contractors for nutrition supply, preferring the involvement of village communities, Self-Help Groups, and mahila mandals for procuring grains and preparing meals. Additional consequential directions were also issued. Subsequently, an Interim Application addressing non-compliance with the 7 October 2004 order and seeking further directives was filed and considered by the Supreme Court. During the proceedings, the Court referred to the report on nutritional foods, noted fund allocations, and issued directions for the effective implementation of the