In a welcoming decision, the Bombay High Court (HC) rejected a plea that objected to certain conditions of Maharashtra government’s tender to procure sanitary napkins for girls in state-run schools.
While announcing the decision, the court noted that the safety and hygiene of the students are important and that the clauses are necessary to maintain quality.
"Safety and hygiene of school girls are important and for that purpose, the quality has to be maintained. We do not find any illegality in the tender conditions," the court exclaimed.
A division bench of Acting Chief Justice S V Gangapurwala and Justice Sandeep Marne disposed of the petition filed by a start-up owned by a 69-year-old man challenging the conditions imposed by the state in its tender for the supply of sanitary napkins to 9,940 government schools.
Further, the court emphasised that it did not find any illegality in the tender conditions and it was not inclined to go into the requirements set in the tender.The petitioner, Kirvan Vendsol Pvt Ltd, a 5-year-old start-up company had challenged two conditions of the e-tender for the project of supply of sanitary napkin vending machines and incinerators to schools across Maharashtra.
For being eligible to participate the tender process, the bidders were required to have three years of prior experience in the project and an annual turnover of ₹12 crores.
The bench in its order noted that the project was for the safety and hygiene of school girls. The project pertains to supply of sanitary napkins in government schools in State of Maharashtra. Naturally, the predominant factor that would have to be kept in mind by the state is quality of sanitary napkins, and for that purpose, past experience is utmost necessary.
Responding to the petition, additional government pleader B V Samant told the court that the tender has the conditions to ensure that the quality of the product is maintained.
The state had to keep certain requirements specifically considering the fact that the issues in the tender impacts health and public hygiene in schools.
He also pointed out that the requirement of turnover was also crucial considering the magnitude of the project.
Samant vehemently contended that between the health of school girls and employment of citizens, the State would obviously give preference to health, and hence the petitioner could not raise such contentions.
Finding no arbitrariness in the tender conditions, the Bench refused to grant relief to the company.
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