Mumbai: The Bombay High Court on Monday dismissed two petitions challenging Maharashtra government’s communication / technical evaluation report dated August 13, pursuant to which petitioner companies were disqualified and deemed technically ineligible for its 'Anandacha Shidha' scheme.
The government has floated a tender for distribution of subsidised ration kits under the 'Anandacha Shidha' scheme for the upcoming Ganesh Chaturthi. The festival is to commence from September 7, and over 1.72 crore food kits are to be supplied.
A bench of Chief Justice DK Upadhyaya and Justice Amit Borkar said that interference in the tender process at this stage and its cancellation will not be in the public interest as beneficiaries will be deprived of the benefit of the scheme floated by the state. “Thus, in addition to ineligibility of petitioners, it is the public interest which dissuades this Court not to interfere with the tender process for supply of food kits,” the bench said.
The HC was hearing petitions filed by Just Universal Pvt. Ltd and Indo Allied Protein Foods Pvt. Ltd.
The court said that the process adopted or the decision made to declare petitioners bid unresponsive cannot be deemed so arbitrary and irrational that it could conclude that no reasonable authority, acting in accordance with relevant law, could have arrived at such a decision. “In absence of any perversity, illegality, procedural impropriety or involvement of public interest, we are of the opinion that it would not be proper for this Court to sit in appeal substituting its own interpretation,” the bench added.
Once the petitioners have failed to demonstrate that they meet the eligibility criteria, no relief at the instance of such ineligible petitioner can be granted. It is, therefore, not open for the petitioner to complain of the award of contract on the ground that its financial bid offers better terms. “The question of comparing financial bid arises between bidders who are eligible,” the court underlined.
The bench emphasised that the work of distributing food kits to around 1.56 Crore eligible beneficiaries need to be completed well before the Gauri-Ganpati festival which is to be celebrated on September 7.
“Thus, in addition to ineligibility of petitioners, it is the public interest which dissuades this Court not to interfere with the tender process for supply of food kits,” the bench concluded. Earlier, on August 5, the HC had dismissed two petitions by the petitioners challenging one of the tender conditions.
