KANCHI FLEET MOVERS Vs. COLLECTOR OF SOLAPUR

JUDGEMENT

(1.) HEARD all the learned Counsels, Shri. A. A. Kumbhakoni for the petitioner, Shri. V. V. Pai, Assistant Government Pleader for respondent Nos. 1, 2, 3 and 5, and Shri. D. B. Bhosale for respondent No. 4.

(2.) THIS petition is taken up for final disposal pursuant to the order dated 24th October, 1997, passed by the Apex Court in Civil Appeal No. 7522 of 1997 arising out of Special Leave Petition (Civil) No. 15335 of 1997. The appeal to the Apex Court arose out of an order dated 5th August, 1997 in Writ Petition No. 3196 of 1997 which was disposed of at the admission stage. The controversy relates to the allotment of a contract for transporting rice under the Mid Day Meal Scheme of the Government of Maharashtra promulgated under the Government Resolution dated 22nd December, 1995 as a part of the National Programme of Nutritional Support to Primary Education. In this petition we are concerned with the allotment of the contract to respondent No. 4 under the order dated 5th July, 1997 which is the order impugned in the present petition.

(3.) THE scheme evolved by the Central Government and implemented by the State Government is a part of the National Programme of Nutritional Support to Primary Education with the object of ensuring proper attendance of the children in the primary schools and to reduce the percentage of the drop-outs at the primary school level. It was decided to distribute 100 grams of rice per day, which works out to three kilogrammes of rice per month to every student in the primary school, subject to the condition that the student had a minimum of 80% attendance in the month. For the academic year 1997-98, five tenders were received. The petitioners offer was Rs. 95/- per quintal which was the lowest whereas the offer of the 4th respondent was Rs, 100/- per quintal. One Shri Ashok Patil had quoted Rs. 105/- per quintal, Ganesh Co-operative Motor Transport Society Solapur had quoted Rs. 101/- per quintal and the 5th person Shri. Ningappa Khyade had quoted Rs. 99/- per quintal. The Contractor had to collect the food grains from the godowns of Food Corporation of India, Solapur, transport them to the godowns of the State Government, at different places in the District, pack the rice in polythene bags of three kilogrammes each and deliver the said bags to the Headmasters of the Primary Schools in Solapur District for the eventual distribution to the students in the primary schools.