M K ENTERPRISES Vs. STATE OF U P

JUDGEMENT

(1.) We have heard learned counsel appearing for the petitioner. Learned Standing Counsel appears for the State respondents. Shri A.N. Rai appears for respondent No. 11. The petitioner is aggrieved by the Office Memorandum dated 9.11.2012 awarding contract to M/s. Ashok Kumar Lata Ten House Plastic Complex Basti-respondent No. 11 for supplying cooked food under the 'Janani Shishu Suraksha Yojna' on the ground that the scheme provides for supplying cooked food, whereas the respondent No. 11 has licence under Food Safety and Standard Act, 2006 for doing petty food business in food material/drinking material.

(2.) On 10.5.2013 we passed following orders:

(3.) A counter-affidavit of Shri Rajesh Kumar, District Administrative Officer in the office of Chief Medical Officer, Basti has been filed justifying the award of contract to respondent No. 11 on the ground that in Clause-4 of the licence issued by the Food Registering Authority, Nagar Palika Pari shad, Basti it has been specifically mentioned that this registration certificate is issued under and is subject to the provisions of FSS Act, 2006 all of which must be complied with by the petty food business. The tenders were invited from the interested and eligible candidates under conditions laid down in paragraphs 3(c) and 5(d) for supply of food in the hospitals. In the conditions of the tender, the details of classification of license have not been demanded and in view of this it cannot be said that the licence granted to respondent No. 11 has been disapproved. It is further stated in para-7 that Clause-4 of the food licence issued to respondent No. 11 alongwith other persons specifies that this registration certificate is issued under and is subject to the provisions of FSS Act, 2006 all of which must be complied with by the petty food business.