The Bombay High Court rejected a petition filed by a start-up owner that challenged government tender on supply of sanitary napkins to around 9,000 schools in Maharashtra.
The counsel for the 69-year-old petitioner, who owns a start-up, argued before a division bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep V Marne that his start-up was registered in 2019, and the state government should encourage start-ups and relax prior turnover conditions whether MSME or not.
The counsel also informed the court that other conditions of the tender were also illegal, which require a maximum temperature of 800 degrees for disposal of solid waste, whereas, as per the norms and Solid Waste Management Rules 2016, it should be 900 degrees.
The Additional Government Pleader argued that it is necessary to maintain quality as it concerns the health of schoolgirls and the condition of experience and turnover cannot be relaxed.
The high court while disposing of the petition said, “As the project is for safety and hygiene practice for schoolgirls and supply of sanitary napkins in the government school in State of Maharashtra, naturally the predominant factor that would have to kept in mind by the state is quality of sanitary napkins and for that purpose past experience is utmost necessary. Further, the supply is for 9,940 schools in Maharashtra. A large number of supply is required therefore past turnover and experience are relevant.”
The court further said it does not find any illegality in the tender condition, and is not inclined to go into temperature requirements as the petitioner is not eligible.
Justice Sandeep Marne said, in a lighter vein, “we encourage that at the age of 69, he has a start-up.”
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