The Bombay High Court on Friday rejected a plea that questioned certain provisions in the Maharashtra government’s tender to provide sanitary napkins for girls in State-run schools.
A Division Bench of Acting Chief Justice S.V. Gangapurwala and Justice Sandeep Marne, which was hearing the petition filed by a start-up Kirvan Vendsol Private Limited, observed that the safety and hygiene of the students are important and that the clauses are necessary to maintain quality.
As per the government notification, the bidders for the tender were required to have three years of prior experience in the project and a turnover of ₹12 crore.
The petition sought for relaxations for start-ups and Micro Small and Medium Enterprise firms for being eligible to participate in the tender process.
The court, however, rejected the plea and said, “As the project is for the safety and hygiene of girls, supply of sanitary napkins to government schools in the State of Maharashtra, naturally the predominant factor that would have to be kept in mind by the State is the quality of sanitary napkins and for that purpose past experience is utmost necessary. Further, the supply is for 9,940 schools in Maharashtra which is a large supply for which past turnover and experience is relevant.”
The government pleader argued that the State had to keep certain requirements considering the fact that the issues in the tender impacts health and public hygiene in schools. He also pointed out that the requirement of turnover was also crucial considering the magnitude of the project.