CHRISTY FRIED GRAM INDUSTRY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Ajay Tripathi for the petitioner and Mr. A.P. Jittu, learned SC II.

(2.) THIS is the petitioner's third attempt. The Government of Bihar had published notice dated 25.3.1999 inviting tenders for supply of' ready-to-eat nutritious food' for the integrated child development scheme in the State of Bihar. The petitioner as well as another firm (M/s. Modern Food Industries Ltd.) submitted their tenders. The price quoted by the latter was Rs. 17 per k.g. with an escalation clause, whereas the petitioner quoted a firm price of Rs. 21.97 per k.g. The sample of other firm failed to pass the quality test because the protein content was not up to the ICDS norms. The petitioner's product was tested and found up to the required level of quality. No final decision was taken in the matter leading to CWJC No. 4 of 2000 in this Court which was disposed of by order dated 28.4.2000 (Annexure-5), with the direction to the Minister, Department of Welfare, Government of Bihar, to reconsider the matter and pass a final order after negotiation with the petitioner in the best interest of the beneficiaries of the scheme. The State Government reconsidered the matter and passed an order averse to the petitioner leading to the second writ petition, namely, CWJC No. 9533 of 2000, which was disposed of by order dated 27.7.2001 (Annexure-9), whereby the matter was once again remitted back to the Minister concerned for a fresh order in accordance with the observations made therein. The observations made by the Hon'ble Single Judge in the last paragraph of the judgment is relevant in the present context and is set out here in below for the facility of quick reference: Regardless of the out come after remand, it is made clear that ICDS is a laudable project and it is a public as well as constitutional duty of respondents to enforce it without delay. Hence, the Department of Welfare is directed to take all possible steps including, if required, tender or re-tender to ensure that the RTE food is made available to the beneficiaries under the ICDS without any delay and in any case within a period of six months from today. THIS direction is being issued in larger public interest with a view to ensure compliance with a scheme which is in accordance with and aims to secure one of the Directive Principles of State Policy provided under Article 47 of the Constitution of India. Pursuant to the said order of this Court on the second writ petition, the Minister has passed the impugned order dated 13.11.2001 (Annexure 10), whereby he has rejected the petitioner's tender. Hence, the present writ petition.