Summary
The Court invalidated Maharashtra’s tender for Anganwadi supplementary nutrition because its district-sized units and turnover requirements excluded genuine local women’s groups and favoured large suppliers. Fresh tenders had to conform to the statutory scheme, Central policy and earlier directions for decentralization. The State was restrained from continuing the existing supply system and directed to decide alternative arrangements within ten days.
Issues
- Whether the tender conditions defeated meaningful participation by self-help groups and Mahila Mandals.
- Whether the earlier decision concerning extrusion technology justified the impugned centralized procurement conditions.
Provisions considered
- Sections 4, 5 and 6, National Food Security Act, 2013The nutritional entitlements and local Anganwadi framework informed the requirement for decentralized supply consistent with nutritional, hygiene and safety standards. (¶¶ 6, 32, 33, 34, 35, 36, 37, 38, 39, 40, 49, 50, 51, 52)
- Rules 7 and 9, Supplementary Nutrition (under the Integrated Child Development Services Scheme) Rules, 2015, as amended in 2017Quality control, testing, monitoring and engagement of self-help groups had to guide procurement. The interim-source proviso did not validate the challenged tender system. (¶¶ 41, 42, 43, 47, 48, 49, 50, 51, 52)
Held
- The earlier observations in Shagun concerning mandatory extrusion technology rested on a regional technical letter wrongly represented as a binding Central recommendation. The Union had clarified that it was suggestive; subsequent legislation, rules and policy also had to be considered. (¶¶ 15, 16, 17, 18, 19, 20, 31, 32)
- Central policy allowed States to choose locally suitable recipes while maintaining nutritional, food-safety and hygiene requirements. Genuine self-help groups and Mahila Mandals had to be enabled to participate meaningfully rather than excluded by tender design. (¶¶ 28, 29, 30, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 47, 48, 49)
- District-sized procurement units and turnover conditions reaching very large amounts left only big players in the field. These conditions were arbitrary and inconsistent with the governing scheme, earlier orders and Central policy. (¶ 50)
- Fresh tenders were to be invited within four weeks in conformity with the judgment. Smaller units such as panchayats or groups of panchayats should replace exclusionary district-wide arrangements to decentralize supply as far as possible. (¶¶ 51, 52)
- The State could make alternative supply arrangements but was restrained from continuing the existing system in the interim. It had to decide the alternative arrangements within ten days. (¶ 52)
Result
Impugned tender notice invalidated; fresh tenders directed within four weeks and alternative-arrangement decision within ten days. Appeals and writ petition disposed of; intervention and pending applications disposed of.