Sanitary Napkins To Schools: Bombay HC Dismiss Petition Challenging Govt. Tender

The Bombay High Court on Friday dismissed a petition filed by a start-up company challenging the conditions of a government tender for the supply of sanitary napkins to 9940 schools in Maharashtra.

A 69-year-old petitioner with a start-up had challenged the two conditions of the e-tender for the project of providing sanitary napkins to schoolgirls in Maharashtra. Bidders had to have 3 years of prior experience in the project and a turnover of Rs 12 crore to be eligible for the tender process.

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 company’s quality and experience were important. The Bench refused to grant the company relief because it found no arbitrariness in the tender conditions.

The petitioner’s counsel contended that he registered a start-up MSME in 2019 and will remain a start-up for the next five years. He claimed that the state government had a policy of encouraging new businesses and relaxing prior turnover requirements for all new businesses, whether they were MSME or not.

He also informed the court that the tender’s other conditions were also illegal, which required a maximum temperature of 800 degrees for solid waste disposal, whereas the norms and Solid Waste Management Rules 2016 required 900 degrees.

The Additional Government Pleader argued that maintaining quality is critical because it affects the health of school girls, and that in such a case, the condition of experience and turnover cannot be relaxed.

The Court stated, “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. Furthermore, the supply is for 9940 schools in Maharashtra which is a large supply for which past turnover and experience are relevant.”

Furthermore, the court stated that girl’s hygiene is important and must be maintained.

Justice Sandeep Marne stated, “Schoolgirl safety and hygiene are important, and quality must be maintained to that end. We see no illegality in the tender condition. We are hesitant to discuss temperature requirements because the petitioner is ineligible. We encourage that at the age of 69 also has start-up.”