Allied Integrated Society (Regd.) and Ors v. The State (Nct of Delhi)

order as to costs.

S. RAVINDRA BHAT (JUDGE)

A.K. CHAWLA (JUDGE) JUNE 06, 2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 31.05.2018 Pronounced on: 06.06.2018 + W.P.(C) 5912/2018 & CM APPL. 23033-23034/2018 ALLIED INTEGRATED SOCIETY (REGD.) AND ORS. ..... Petitioners Through: Mr. Sudhir Nandrajog, Sr. Adv. with Mr. Sumit Choudhary, Adv. versus THE STATE (NCT OF DELHI) ..... Respondent Through: Mr. Satyakam, ASC, GNCTD. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A.K. CHAWLA MR. JUSTICE S. RAVINDRA BHAT % 1. The present common petition, by four non-governmental organizations, challenges a tender condition formulated by the Govt. of NCT of Delhi (hereafter "GNCTD" or "NCT") while inviting bids for the mid-day cooked meals scheme formulated by it. The petitioners allege that the eligibility condition of a minimum threshold of Rupees three crores average financial turnover, during the previous three years, is arbitrary. 2. All the petitioners are voluntary non-governmental organizations (NGOs) formed between 1995 and 2006. They are ISO certified agencies and have been providing services, in the past, to the Govt. of NCT of Delhi, by supplying mid-day meals to children studying in its schools. They are aggrieved by a condition introduced in its Request for Proposal (RFP) issued Directorate of Education, Govt. of NCT of Delhi, which deals with the selection process to be eligible for an NPO/NGO/Voluntary Organization/anybody corporate for providing/supplying freshly cooked hot mid-day- meal (mid-day-meal) for three years to the children of primary and upper primary classes studying in its Govt. and Govt. aided schools, AIE Centres under Samagra Shiksha Abhiyan of Directorate of Education. The condition impugned is that the applicant organizations should have minimum average annual turnover of Rs. 3 crores from the business of mass supply of hot cooked meal only over 3 financial years immediately preceding the year of issuance of the RFP. The relevant condition impugned in this petition, reads as follows: "1. Selection Process - A. Short listing of eligible applicants (Pre-Qualification Criteria):- S. No. 1 S. No. 2 - Turnover and Experience The Applicant Organization shall have minimum average annual turnover of Rs. 3 crores from the business of mass supply of hot cooked meal only over three financial years, immediately preceding the year of issuance of RFP. To safeguard the interest of students and for preventing any interruption in Mid Day Meal supply, the Applicant Organization shall be capable and bound to supply Mid Day Meal for at least 4 months from its own resources." 3. The petitioners argue that the eligibility condition, i.e. the impugned Pre- Qualification Criteria is against the essence of Schemes and Guidelines of the National Programme of Nutritional Support to Primary Education, 2006; issued by Ministry of Human Resource Development (Department of School Education & Literacy), Govt. of India. They rely on Clause 3.9 of the Guidelines which is extracted below: "3.9 Association of Voluntary Organizations in the Programme : The major groups of activities for which Voluntary Organizations may be associated with the programme are to Supply of cooked mid day meal, and o Provision of resource support to the programme, e.g. • Training and capacity building, • Monitoring and evaluation, and • Research. 3.9.1 Assignment of supply responsibilities to Voluntary Organizations: Identification of voluntary organizations, which are suitable for being assigned supply responsibility under the NP-NSPE, 2006 for a school or group of schools may be done by the City level SMC for Municipal towns and District level SMC for all other areas. Once a voluntary organization is so identified, the decision to actually award supply work to it for a school or a group of schools may be taken by a body empowered in this behalf by the State Government, e.g. the Gram Panchayat, VEC/ SMC/ PTA, Municipal Committee/ Corporation, etc. The City or District SMC should keep the following aspects in mind w