Bombay High Court rejects plea challenging tender conditions for supply of sanitary napkins to schools

The Bombay High Court on Friday rejected a plea filed by a start-up company challenging the conditions of tender issued by the Maharashtra government for supply of sanitary napkin vending machines and incinerators for schools. [Kirvan Vendsol Pvt Ltd v. State of Maharashtra & Ors.].A division bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne observed that the project was important for the hygiene of school girls for which the quality and experience of the company was important. "As the project is for safety and hygiene of girls, supply of sanitary napkins to government school in State of Maharashtra, naturally the predominant factor that would have to be kept in mind by the State is of the quality of sanitary napkins and for that purpose past experience is utmost necessary. Further, the supply is for 9940 schools in Maharashtra which is a large supply for which past turnover and experience is relevant,” the Court said.The Court emphasized that it did not find any illegality in the tender conditions and it was not inclined to go into the requirements set in the tender..The petitioner, Kirvan Vendsol Pvt Ltd, a start-up had challenged two conditions of the e-tender for the project of supply of sanitary napkin vending machines and incinerators to about 9940 schools in Maharashtra.For being eligible to participate the tender process, the bidders were required to have 3 years of prior experience in the project and a turnover of ₹12 crores. Advocate Ajay Kanawade for the company argued that the State ought to have kept certain relaxations for start-ups and Micro Small and Medium Enterprise firms. He pointed out his start-up was 5 years old and the State had policies for encouraging start-ups. Additional government pleader Bhupesh Samant argued that the State had to keep certain requirements specifically considering the fact that the issues in the tender impacts health and public hygiene in schools. He also pointed out that the requirement of turnover was also crucial considering the magnitude of the project. Samant vehemently contended that between the health of school girls and employment of citizens, the State would obviously give preference to health, and hence the petitioner could not raise such contentions..Finding no arbitrariness in the tender conditions, the Bench refused to grant relief to the company.