IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT (Special Original Jurisdiction) WEDNESDAY,THEFIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WP(PIL) NO: 45 OF 2025 Between: S. Sunny Deol, S/o.S.Ramesh, Aged about 33 years, Occ; Advocate and Activitst. D.No.1-47, Paladugu Village, Medikonduru Mandal, Guntur District. ... PETITIONER AND The State of Andhra Pradesh, rep., by its Principal Secretary, School Education Department, Secretariat Buildings, Velagapudi, Amaravati. The Director of Mid-Day Meal and School Sanitation, The School Education Department, The State of Andhra Pradesh, Plot No. 129, Road No.5, Nagarjuna Nagar, Near Parinaya Kalyana Mandapam, Vijayawada, NTR District. M/s.Victory Bazaars Pvt. Ltd., rep., by its Director Having office at D.No.8-410,8-411, M.K.Reddy Complex, Amalapuram Road, Ravulapalem Ambekar, Konaseema, Andhra Pradesh-533238. M/s.Puri Jagannath Enterprises, rep., by its Proprietor Having office at Sri Ram Nagar, Nellore. M/s.Sankar Enterprises, Rep., by its Proprietor Having office at Sri Ram Nagar, Nellore. 1. 2. 3. 4. 5. ... RESPONDENTS Pleased to issue appropriate writ(s), direction(s) (orders) particularly in the nature of Writ of Mandamus declaring the action on the part of the respondents No.2 attempting to finalize the tenders in favour of the respondents No.3 to 5 for supply of Peanut-Jaggery Chikki to school children under Dokka Seethamma Madhyahna Badi Bhojanam (Mid-Day Meal Scheme) for the academic year 2025-2026 in the entire State of more V Andhra Pradesh through E-Procurement Notice in NIT No.31/2024 to 36/2024, dated 27.12.2024 at prices abysmally lower than the standard T x:-' ^rharket prices, eventhough supply at such prices is not at all possible and ' hence jeopardizing the quality of the chikki supplied and health of children in the State as arbitrary, illegal, colourable exercise of power and consequently direct the respondent No.2 to cancel the tender called for supply of Peanut-Jaggery Chikki to school children under Dokka Seethamma Madhyahna Badi Bhojanam (Mid-Day Meal Scheme) for the academic year 2025-2026 in the entire State of Andhra Pradesh through E- Procurement Notice in NIT No.31/2024 to 36/2024, dated 27.12.2024. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.2 not to finalize the tenders issued in E- Procurement Notice in NIT No.31/2024 to 36/2024, dated 27.12.2024 for supply of Peanut-Jaggery Chikki to school children under Dokka Seethamma Madhyahna Badi Bhojanam (Mid-Day Meal Scheme) for the academic year 2025-2026 in the entire State of Andhra Pradesh, pending disposal of the above Writ Petition (PIL). Counsel for the Petitioner: SRI P. VEERA REDDY SENIOR COUNSEL SRI B.ABHAY SIDDHANTH MOOTHA FOR Counsel for the Respondent Nos.1 & 2 : GP FOR SCHOOL EDUCATION Counsel for the Respondent Nos.3 to 5 : NONE APPEARED The Court made the following: ORDER Bench Sr.No:-10 [3483] APHC010109842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WP(PIL) NO: 45 of 2025 ...Petitioner S. Sunny Deol Vs. ...Respondent(s) The State Of Andhra Pradesh and Others ********** Mr. P. Veera Reddy, Senior Counsel, appearing for Mr.B.Abhay Siddhanth Mootha Advocate for Petitioner: GP for School Education Advocate for Respondent; CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 5th March 2025 PER DHIRAJ SINGH THAKUR. CJ : The present petition is filed purportedly in public interest with a view to prevent finalization of the tendering process for supply of peanut jaggery chikkis to school children under the midday meal scheme for the academic year 2025-26 in the entire state of Andhra Pradesh. The petitioner alleges that for the year 2024-25, the same product was supplied by the tenderers at an approximate price of Rs.157-160 per Kg. 2. whereas the bids that have been submitted by private respondents herein 2 HCJ a RC, J « W.P(PIL). No:45 of 2025 range from Rs.117-124.80 per Kg., which is abysmally low. The petitioner expressed an apprehension that the difference between the rates quoted in the previous year as against the rates quoted this year is so high and unreasonable that it will lead to adulteration by the successful bidders affecting the health of the children, who are supposed to consume the said product. It is stated that according to the midday meal scheme, each student has to be provided a bar of these chikkis thrice a week, with each bar weighing approximately 25 gms. It is stated that the private respondentNos.3 to 5 have 3. quoted rates, which are approximately 25% lesser than the estimated cost of the product, which rates are impossible. We have seen the tender conditions, which have been partially reflected 4. in the petition. The conditions prescribed are as under: The Peanut Jaggery Chikki should be made using pure Jaggery syrup confirm to BIS (Bureau of Indian Standards) specifications IS-873-1974. Weight of each chikki piece shall be 25 Grams. The Chikki shall be in square or rectangle in shape. The Chikkies shall easily be separable and non-sticky Chikkies have to be made using pure Jaggery as per standards only. No other form of artificial/ chemical sweetener should be used in preparation of any type of Chikki. chikki of 25 grms which are packed in multi-layer packaging with food grade packaging material composed of two or more layers of same or different types of packaging material. Hand-picked selected non-defatted blanched Peanut kernels suitable for table use conforming to grades as per Indian Standards shall be used. The kernels shall be free from foreign materials, namely, mud, stones, etc, including other non-edible items. IV. V. VI. 3 ^ • HCJ & RC, J W.P(PIL). No:45 of 2025 The groundnuts shall be cleaned of all lentils, germs, over burnt seeds, etc,. Groundnuts shall be fresh, of slightly sweet, pleasant taste, free from insects, rodent hair and excreta, fungal infection, bitter or rancid taste and odour. The items shall not contain any added colours and flavoring agents, preservatives other than those covered under the provisions of the Prevention of Food Adulteration and other food safety laws. The Chikkis shall have certification from FSSAI with number along with the nutritional values. Every product in Chikkis must have Product Certificate from the respective manufacturer the (i) date of manufacture and (ii) Date of Expiry. Chikkis should have minimum 90 days of shelf life from the date of manufacturing.” Vll. VIII. IX. X. XI. The apprehension expressed by the petitioner that there is likely to be adulteration of the product by the private respondents is only in the realm of speculation. The petitioner has compared the bids submitted by the private respondents with the bids submitted in the previous year only. It is only on that presumption that the petitioner apprehends that the supply of the product at the rates quoted by the bidders is impossible, as the rates seem to be 5. unrealistic. Learned counsel for the petitioner has not brought to our notice any material, which would reflect the price of jaggery per Kg. or for that matter, the price of peanuts per Kg. if sourced from open market. Even otherwise, the apprehension expressed by the petitioner is in the realm of speculation as the successful bidder is expected to make the supplies in terms of the specifications reflected hereinabove. The authorities would certainly be obliged to check the supplies made from time to time to ensure that it is as per the specifications. If not, the consequences would follow against the suppliers. 4 HCJ a RC, J * W.P(PIL). No:45 of 2025 We are not convinced with the arguments advanced and find no merit in the present petition, which is accordingly dismissed. No costs. Pending miscellaneous applications, if any, shall stand closed. Sd/-B.PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// * SECTION OFFICER To, 1. One CC to Sri B.Abhay Siddhanth Mootha, Advocate [OPUC] 2. Two CCs to GP for School Education, High Court of Andhra Pradesh. [OUT] 3. Three C.D. Copies. Cnr HIGH COURT DATED;05/03/2025 ORDER WP(PIL).No.45 of 2025 DISMISSING THE WP(PIL) WITHOUT COSTS