1. Writ appeals and the writ petition pertain to floating of tender for procurement of “AGMARK” quality eggs under Puratchi Thalaivar MGR Nutritious Meal Programme and Integrated Child Development Services Scheme (IDCDSS) for a period of one year from 1.5.2013 to 30.4.2014 and awarding the same to some of the private respondents.

2. W.P.Nos.6896 and 7586 of 2013 filed challenging the legality of G.O.Ms.No.264, Social Welfare and Nutritious Meal Programme (NMP-3) Department, dated 17.10.2012, and the tender notification dated 18.2.2013, came to be dismissed on 21.3.2013 and 27.3.2013 respectively, and challenging the said orders, W.A.Nos.574 and 776 of 2013 respectively were filed and were disposed of by the First Bench of this Court vide common order dated 30.4.2013, as infructuous. M/s.Three Star Poultry Farm aggrieved by the dismissal of W.A.No.574/2013, filed SLP Nos.17129 and 17130/2013 and after leave was granted, those petitions were numbered as Civil Appeal Nos.4606 and 4607/2013 and the appellant in W.A.No.776/2013 has also filed SLP No.17975/2013 and after leave was granted, it was numbered as Civil Appeal No.4608/2013. All these Civil Appeals were taken up together for final disposal and after hearing the learned Senior Counsel appearing for the appellants, and the learned Senior Counsel appearing for the respondents 5 and 6, the Hon'ble Supreme Court of India has allowed the appeals and set aside the common judgment passed in W.A.Nos.574 and 776/2013, and remanded the matter to this Court for hearing and disposal on merits at the earliest and also granted liberty to the appellant in C.A.Nos.4606 and 4607/2013 to implead the respondents 5 and 6 as party respondents.

3. The facts necessary for the disposal of the writ appeals and writ petition are as follows:

3(i) The first respondent has passed G.O.Ms.No.264, Social Welfare and Nutritious Meal Programme (NMP-3) Department dated 17.10.2012, re-introducing State Level Tender System for procurement of eggs under Puratchi Thalaivar MGR Nutritious Meal Programme and Integrated Child Development Services Scheme (IDCDSS). The contents of the said Government Order would disclose that it has traced the history of the scheme of supplying boiled egg in the Noon Meal under Nutritious Meal Programme which was introduced in the year 1989, and taking into consideration that certain issues have been brought to the notice of the Government regarding the existing terms and conditions of the tender for procurement of eggs and also the information of the Accountant General with regard to incurring of huge expenditure towards multiple advertisements for issuing district-wise tender for all districts and after deliberation and consultation with the concerned departments and also weighing the pros and cons of district-wise tender viz-a-viz the state level tender, has decided to adopt State Level Single Tender by following Rule No.31 of the Tamil Nadu Transparency in Tender Act, 1998, (Tamil Nadu Act 43/1998).

3(ii) In terms of the said Government Order, tender notice was issued for supply of eggs (hen) as per AGMARK specifications for a period of one year and the tender document contains the details and procedure for making a bid for supply of eggs.

3(iii) One R.Chinnusamy filed W.P.No.32302/2012, V.Nachimuthu filed W.P.No.32303/2012 and V.Muthu filed W.P.No.32741/2012 challenging G.O.Ms.No.264 dated 17.10.2012, issued by the first respondent, and consequential tender notification No.Roc.3566/NMP/2012, on the file of the second respondent. Notices were ordered to the respondents and counter affidavits were also filed. The learned Judge on an elaborate consideration of factual aspects and legal position, has dismissed all the writ petitions vide common order dated 10.1.2013.

3(iv) Tvl. Chinnusamy and Nachimuthu aggrieved by the dismissal of W.P.Nos.32302 and 32303/2012, had filed W.A.Nos.2011 and 2012/2013 respectively. In the interregnum, the last date fixed in respect of the abov