Bombay High Court
ASHWITA MAHILA AUDYOGIK UTPADAK SANSTHA LTD, THROUGH AUTHORIZED REPRESENTATIVE ASHWITA ASHOK DUBEversusTHE BRIHANMUMBAI MUNICIPAL CORPORATION CENTRAL PURCHASE OFFICE, THROUGH ITS DEPUTY CHIEF ENGINEER
- Decided
- Disposal
- DISPOSED OFF
Holding
The Court declined to quash or stay the work allotments and disposed of the petitions without interfering with the existing contract.
Summary
The petitioners, two women’s cooperative societies, challenged the Brihanmumbai Municipal Corporation’s allocation of work under the Pradhan Mantri Poshan Shakti Nirman Yojana (mid‑day meal scheme) alleging that the inspection and tender process was arbitrary and that their valid vehicle licence was ignored. They sought a quashing of the existing work allotments and a direction to allocate work to them, as well as a stay of further allotments. The Court examined the factual allegations but, emphasizing the equity created for children under the ongoing contract, declined to interfere with the existing work arrangement. It left the petitioners free to participate in future tender processes and to pursue other civil remedies. Consequently, both writ petitions were disposed of without delving into the merits.
Issues considered
- Whether the work allotment process under the mid‑day meal scheme was arbitrary, illegal or violative of principles of natural justice
- Whether the Court can quash or stay the existing work allocations and direct the Municipal Corporation to re‑allocate work to the petitioners
Subjects
- mid‑day meal scheme
- work allotment
- tender process
- municipal corporation
- public procurement
- arbitrariness
- writ petition
- equity
- licensing
Judgment
16.WP.4811.2025.doc
ANANT
KRISHNA
NAIK
Digitally signed
by ANANT
KRISHNA NAIK
Date: 2026.10.06
12:28:27 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 4811 OF 2025
Ashwita Mahila Audyogik Utpadak Sanstha Ltd. ..Petitioner
Versus
The Brihanmumbai Municipal Corporation & Ors. ...Respondents
WITH
WRIT PETITION (L) NO. 41508 OF 2025
Bhavana Mahila Seva Sahakari Sanstha Ltd. ....Petitioner
Versus
The Brihanmumbai Municipal Corporation & Ors. ....Respondents
Dr. Uday Warunjikar for the Petitioners in both Petitions
Ms Oorja Dhond i/b. Komal Punjabi for the Respondent No. 1-BMC.
CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
ADVAIT M. SETHNA, J.
DATE : 5th OCTOBER, 2026.
P.C.:
1. Heard learned Counsel for the Petitioners in both the Writ Petitions.
2. The Writ Petitions are preferred, inter alia, seeking the following reliefs:
“(a) Be pleased to call record and proceedings of the work
allotment process carried out by the Respondent herein under the
Pradhan Mantri Poshan Shakti Nirman Yojana scheme (mid-day
meal scheme) launched on 28/02/2024 for the period of 2024 to
2027 and after being satisfied about its legality, validity and
propriety be pleased to quash and set aside the same and further
be pleased to issue directions against the Respondent herein to
cancel the work allotments made under the said scheme and to
allot work assignment under the category of 4000 students to the
petitioner herein under the Pradhan Mantri Poshan Shakti
Nirman Yojana scheme (mid-day meal scheme) for the period of
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16.WP.4811.2025.doc
2024 to 2027 on such terms and conditions as this Hon'ble Court
thinks fit and proper.
(b) During pendency of the present petition be pleased to direct the
Respondent to stay the further process of work allotment made under the
Pradhan Mantri Poshan Shakti Nirman Yojana scheme (mid-day meal
scheme) on such terms and conditions as this Hon'ble Court thinks fit
and proper and if found fit, be pleased to direct the Respondent herein to
allot work to the petitioner herein on such terms and conditions as this
Hon'ble Court may deem fit and proper.”
3. At the outset, learned Counsel for Petitioners submits that the inspection of the
kitchen and godown was carried out in an arbitrary manner more particularly while
according the marks to the Petitioners in the tender process. This is for the reason that
though the Petitioner possessed a valid license for his vehicle, alongwith all the
necessary documents, the same has not been considered by the Respondents. He
further submits that under the Pradhan Mantri Poshan Shakti Nirman Yojana Scheme
(Mid-Day Meal Scheme) launched on 28 th February, 2024 for the period of 2024 to
2027, the license was accorded to another person. Moreover, one year since the grant
of the said license has also lapsed.
4. Considering the factual situation as emerged, we are not inclined to upset the
ongoing work contract of Mid-Day Meal Scheme, considering the equity created in
favour of the children, in the said tender process. However, we leave it open to the
Petitioners, in case there is no other impediment to participate in the forthcoming
tender process. The Petitioners are also at liberty to invoke alternate remedies in civil
law, as the law would provide, to redress their grievances.
5. Both the Writ Petitions are Disposed Of in light of the above
observations/directions.
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16.WP.4811.2025.doc
6. Suffice to indicate that we not delved into the merits of the matter.
7. This order has been passed with the due assistance of Ms Dhond, learned
Counsel for the Respondent No. 1-BMC.
[ADVAIT M. SETHNA, J.] [CHIEF JUSTICE]
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