16.WP.4811.2025.doc 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 AKN 1 ANANT KRISHNA NAIK Digitally signed by ANANT KRISHNA NAIK Date: 2026.10.06 12:28:27 +0530 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 28th 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. AKN 2 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] AKN 3