Case Note & Summary
The High Court of Judicature at Bombay considered a group of writ petitions filed by various women's Self-Help Groups challenging certain conditions of a tender issued by the State of Maharashtra for the supply of Micronutrient Fortified Energy Dense Food as Supplementary Nutrition Food, known as Take Home Ration, through 1,10,446 Anganwadi Centres in the State. The Government of India, under the Integrated Child Development Services Scheme, had implemented the Supplementary Nutrition Programme to address the nutritional needs of children under six years of age and pregnant and lactating women. Supplementary Nutrition was provided through two methods: Hot-Cooked Meal at Anganwadi Centres or Take-Home Ration, which could be in the form of raw ingredients or pre-cooked food packets. The petitioners, women's Self-Help Groups, were informal organizations that did not necessarily require registration; opening a bank account with the National Bank for Agriculture and Rural Development automatically registered them as a Self-Help Group. The petitioners contended that Self-Help Groups had a preferential right to participate in the distribution of Take Home Ration based on the decentralized distribution policy being a fundamental principle. The State Government acknowledged that Self-Help Groups had such a preferential right under the previous policy regime but argued that the new policy, reflected through changes in the statutory Rules, did not confer any vested or preferential rights on the Self-Help Groups nor did it mandate decentralization. The core dispute in the petitions was thus whether Self-Help Groups retained a preferential or vested right to participate in the distribution of Take Home Ration under the new policy and rules. The court noted that it would provide a brief overview of the evolution in statutory provisions and judicial decisions before addressing the submissions. On 6 December 2023, the court issued Rule, made it returnable forthwith, and took the petitions up for disposal after the respondents waived service. The final operative decision on merits was not included in the provided text.
Headnote
A) Constitutional Law - Public Tender and Distribution Policy - Preferential Rights of Self-Help Groups - Integrated Child Development Services (ICDS) Scheme, Supplementary Nutrition Programme - The dispute concerned whether women's Self-Help Groups had a vested or preferential right to participate in distribution of Take Home Ration under the new statutory rules. The State acknowledged that such preferential right existed under the previous policy but contended that the new policy and rules did not confer any vested right nor mandate decentralization. Held that the core dispute involved whether the new policy/rules conferred any preferential or vested rights on Self-Help Groups and whether decentralization was mandatory. (Paras 2-6) B) Constitutional Law - Public Tender - Eligibility Conditions - Challenge to Tender Conditions - Integrated Child Development Services (ICDS) Scheme - The petitioners challenged certain conditions of a tender for the supply of Micronutrient Fortified Energy Dense Food as Supplementary Nutrition Food, Take Home Ration, through Anganwadi Centres in Maharashtra. The court noted the challenge and framed the core dispute as preferential rights of Self-Help Groups under the new policy. Held that the petitions were admitted, Rule was made returnable forthwith, and respondents waived service. (Paras 2-3)
Issue of Consideration
Whether women's Self-Help Groups have a preferential or vested right to participate in distribution of Take Home Ration under the new policy/rules; whether the tender conditions for supply of Take Home Ration are contrary to the principle of decentralized distribution.
Final Decision
Rule was made returnable forthwith; respondents waived service; petition taken up for disposal. Final decision on merits not available in the provided text.
Law Points
- Preferential right of Self-Help Groups under prior policy not automatically carried into new statutory rules
- Decentralized distribution policy as fundamental principle
- Challenge to tender conditions in writ jurisdiction
- Supplementary Nutrition Programme under Integrated Child Development Services Scheme
