'Safety & Hygiene For Schoolgirls Paramount': Bombay HC On Startup's Plea To Relax Tender Conditions For Sanitary Napkin Disposal Machines

Update: 2023-02-03 09:51 GMT

Noting that the safety and hygiene of a girl child was paramount, the Bombay High Court disposed of a start-up's petition seeking relaxation of certain tender conditions regarding sanitary napkin vending and disposal machines to 9,940 schools across the State.

A division bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep Manre were hearing a petition by Kirvan Vendsol Pvt Ltd alleging that the requirement of a minimum turnover of Rs. 12 crore and 
minimum three-year experience 
made them ineligible to participate in the tender process starting today.
As the project is for safety and hygiene practice for schoolgirls... naturally the predominant factor to be kept in mind by the State is quality," the Bench said.
For this past experience is extremely necessary, the court said, adding, that since the supply was for over 9,940 schools in Maharashtra, turnover and experience were both important.
The tender notice was issued by the State School Education and Sports Department for Sanitary Napkin Vending machines and incinerators in schools across the state. The closing date for the tender was today, Friday.
Contending they were a start-up and an MSME, Vendsol cited certain Central Government guidelines and State government circulars regarding relaxations that start-ups could avail of.
The petitioners further submitted that while on one hand the government claimed to encourage start-ups, on the other hand it refused to relax stringent tender conditions.
The State represented was represented by Assistant Government Pleader Bhupesh Samant who opposed the petition on the ground that there couldn't be any compromise with quality where the health and safety of a girl child is concerned. Only the safest products should be used.
The State can insist on strict adherence of tender conditions in cases of public health, he added. Moreover, the government has reserved 241 products for only MSME's to manufacture.
Accordingly, the bench dismissed the petition.

Kirvan Vendsol Pvt. Ltd Vs State of Maharashtra [WRIT PETITION NO. 1436 OF 2023] 

Citation: 2023 LiveLaw (Bom) 71


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