Bombay High Court refuses to stop tender for sanitary napkins for govt school [3.2.2023]

The Bombay High Court on Friday rejected a petition that objected to certain conditions in Maharashtra government's tender to procure sanitary napkins for girls in state-run schools, noting that the safety and hygiene of the students are important and that the clauses are necessary to maintain quality.

A division bench of Acting Chief Justice S V Gangapurwala and Justice Sandeep Marne disposed of the petition filed by a start-up owned by a 69-year-old man challenging the conditions imposed by the state in its tender for the supply of sanitary napkins to 9,940 government schools.

Safety and hygiene of school girls are important and for that purpose, the quality has to be maintained. We do not find any illegality in the tender conditions, the court said.

The conditions were that the bidders had to have three years of experience in supplying sanitary napkins and an annual turnover of Rs 12 crore.

Additional government pleader B V Samant told the court that the tender has the conditions to ensure that the quality of the product is maintained.

The bench in its order noted that the project was for the safety and hygiene of school girls.

The project pertains to supply of sanitary napkins in government schools in State of Maharashtra. Naturally, the predominant factor that would have to be kept in mind by the state is quality of sanitary napkins, and for that purpose, past experience is utmost necessary, the court said.

Further, the supply is for 9,940 schools in Maharashtra. A large number of supply is required, therefore past turnover and experience is relevant, it added.


04 Feb 2023