Safety And Hygiene Of Girls Is Important: Bombay HC Dismisses Plea Challenging Tender Condition For Supply of Sanitary Napkins For School Girls
The High Court disposed of the plea while noting that there was no illegality in the condition and hygiene of school girl is important
A Division Bench of the Bombay High Court comprising Acting Chief Justice SV Gangapurwala and Justice Sandeep V Marne today dismissed a plea filed by a start-up that challenged the conditions of the government tender for the project of supply of sanitary napkins to 9940 schools in the State of Maharashtra.
A 69-year-old petitioner who had a start-up had challenged the two conditions of the e-tender for the project of supply of sanitary napkins to school girls in the State of Maharashtra.
For being eligible in the tender process the bidders were required to have 3 years of prior experience in the project undertaken and a turnover of Rs 12 crore.
The counsel for the petitioner argued that he was a start-up MSME registered in 2019 and will be a start-up for 5 years. He submitted that the state government had the policy to encourage start-ups and relaxation of prior turnover conditions for all start-ups whether MSME or not.
He also informed the court that the other conditions of the tender were also illegal which requires a maximum temperature of 800 degrees for disposal of solid waste whereas as per the norms and Solid Waste Management Rules 2016 it should be 900 degrees.
The Additional Government Pleader argued that it is necessary to maintain quality as it concerns the health of school girls and in such a case the condition of experience and turnover cannot be relaxed.
The High Court while disposing of the petition said that,
"As the project is for safety and hygiene practice for school girls and supply of sanitary napkins in the government school in State of Maharashtra, naturally the predominant factor that would have to kept in mind by the state is quality of sanitary napkins and for that purpose past experience is utmost necessary. Further, the supply is for 9940 schools in Maharashtra. A large number of supply is required therefore past turnover and exp is relevant."
Further, the court said that the hygiene of girls is important and hygiene needs to be maintained.
"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 condition. We are not inclined to go into temperature required as petitioner is not eligible"
Justice Sandeep Marne said in a lighter vein
"We encourage that at the age of 69 also he has start-up"
Case Title: Kirvan Pindsol Pvt Ltd vs State of Maharashtra, School Education Sports Dept & Ors