A Public Interest Litigation questioning irregularities in an E-tender process for providing sweaters to Ashram School students. The High Court disposed of the petition noting the tender was cancelled and a Direct Benefit Transfer policy for purchasing items had been implemented.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
cpil 91-16.doc
DDR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 91 OF 2016
Anil Sitaram Kshirsagar .. Petitioner Vs.
The Secretary/Dy. Secretary & ors.
.. Respondents
Mr. Tushar N. Sonawane for the petitioner. Mr. P.P. Kakade, AGP for respondent Nos. 1 to 3.
CORAM : NARESH H. PATIL, CJ. & M.S. KARNIK, J. DATE : 28th NOVEMBER, 2018
JUDGMENT (PER M.S.KARNIK, J.) :-
The petitioner by filing this Public Interest Litigation
('PIL' for short) has questioned E-tender process and prayed for appropriate directions to respondent No.2 to take immediate steps to provide sweaters to the students pursuant to the advertisement dated 18/10/2015 and in accordance with Government Resolution ('G.R.' for short) dated 4th March, 2014 within a time bound program.
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magazines. Thousands of poor students are studying in various Ashram Schools in the State of Maharashtra. Tender process for providing one woolen sweater to each student to protect these poor students from cold was initiated by the respondent No.2. Upon noticing multiple irregularities in the tender process this PIL is filed.
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year 2015-16 as per G.R. dated 4th March, 2014. On 18th October, 2015, the respondent No.2 issued E-tender advertisement in local newspaper “Punya Nagari”, Nashik Edition. The bidders were called upon to enter into tender process for providing woolen sweaters to the students of Ashram Schools for the year 2015-16.
by Shri Nilesh Tukaram Rajurkar, Deputy Commissioner (Finance) from the office of Commissioner, Tribal Development, Nashik, Maharashtra State. It is pointed out that the Commissioner by an order dated 9th March, 2016, cancelled the entire tender procedure initiated pursuant to the advertisement
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dated 18/10/2015. A fresh advertisement was published on 11/7/2016 in the newspaper regarding on-line E-tender. However, as per the Government decision, from the year 201617, fixed amount towards purchase of sweater has been credited in the bank account of every student/their parents studying in the Ashram Schools. Thus, an amount of Rs.15,10,30,120/- was disbursed in favour of 1,87,461 students studying in the Ashram School for buying sweaters as per will of the students/their parents.
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year to each and every student studying in Ashram Schools in the State of Maharashtra. As per G.R. dated 2/5/2017, from the year 2017-18 an amount of Rs.4,400/- has been and will be credited to the bank account of each and every student studying in Ashram Schools in the State of Maharashtra.
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studying in the Ashram Schools in the State of Maharashtra. Further in the light of the G.R. dated 2/5/2017 of the State Government it has been decided to provide 17 items of daily needs mentioned in the Annexure to the said G.R. on D.B.T. basis i.e. to transfer cash amount in the account of students instead of giving them items of daily needs. The G.R. also makes a provision for providing sweater every year to each and every student studying in Ashram Schools in the State of Maharashtra. The affidavit-in-reply of the respondent No.2 clearly records that as per the said G.R. dated 2/5/2017, from the year 2017-18 an amount of Rs.4,400/- has been and will be credited to the bank account of each and every student studying in Ashram Schools in the State of Maharashtra.
(M.S. KARNIK, J.) ( CHIEF JUSTICE)
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Anil Sitaram Kshirsagar
The Secretary/Dy. Secretary & ors.
NARESH H. PATIL
M.S. KARNIK
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
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