Case Note & Summary
The case involved an appeal by a cooperative society against the dismissal of its writ petition by the Bombay High Court, which upheld the award of a contract for supplying fortified blended food under the Integrated Child Development Services (ICDS) Scheme to other respondents. The appellant, with experience in providing meals for Anganwadi Centres, challenged the eligibility criteria set forth in the Expression of Interest (EOI) for the contract, which required a turnover of Rs. 1 crore for the last three financial years. The Supreme Court noted that the ICDS Scheme aimed to improve nutrition for children and women, and the eligibility criteria were established to ensure that only capable suppliers could participate. The appellant's arguments centered on the alleged arbitrariness of the conditions and the claim that the contract should be limited to one year, while the respondents argued that the conditions were necessary for compliance with government standards. The Court found that the appellant did not meet the stipulated criteria and that the conditions were reasonable and not arbitrary. Ultimately, the Supreme Court dismissed the appeal, affirming the High Court's decision and emphasizing the importance of adhering to the eligibility requirements for the welfare of the beneficiaries under the scheme.
Headnote
A) Administrative Law - Tender Process - Eligibility Criteria - Maharashtra Cooperative Societies Act, 1960 - The appellant failed to meet the eligibility criteria as stipulated in the Expression of Interest, specifically regarding turnover and production capabilities. The High Court's dismissal of the writ petition was upheld, confirming that the conditions were not arbitrary and were necessary for the effective implementation of the scheme (Paras 31-38).
Issue of Consideration
Whether the appellant met the eligibility criteria for the tender process under the Integrated Child Development Services Scheme.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's decision that the appellant did not meet the eligibility criteria for the tender process under the ICDS Scheme.
Law Points
- Eligibility criteria
- tender process
- cooperative societies
- supplementary nutrition
- judicial review


