EKTA SHAKTI FOUNDATION Vs. GOVT OF NCT OF DELHI
LAWS(SC)-2006-7-90
SUPREME COURT OF INDIA
Decided on July 17,2006

EKTA SHAKTI FOUNDATION Appellant
VERSUS
GOVT. OF NCT OF DELHI Respondents





Cited Judgements :-

PATEL BHARATKUMAR SOMABHAI CHAUHAN VS. ONGC LTD [LAWS(GJH)-2007-2-44] [REFERRED TO]
RAKESH KUMAR PANDEY AND ORS. VS. UNION OF INDIA (UOI) AND ORS. [LAWS(ALL)-2011-11-457] [REFERRED TO]
SURESH CHANDRA VS. STATE OF U P [LAWS(ALL)-2014-7-235] [REFERRED TO]
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU VS. DMRC LTD. [LAWS(J&K)-2016-12-5] [REFERRED TO]
ASHWIN S SHAH VS. MUNICIPAL CORPORATION OF GREATER BOMBAY [LAWS(BOM)-2009-8-210] [REFERRED TO]
ZILE SINGH VS. STATE OF HARYANA [LAWS(P&H)-2011-1-125] [REFERRED TO]
PANNE SINGH VS. RSRTC [LAWS(RAJ)-2014-3-3] [REFERRED TO]
JAIL ROAD WELFARE COMMITTEE VS. SHILLONG MUNICIPAL BOARD [LAWS(MEGH)-2014-7-5] [REFERRED TO]
VIRENDRA PRATAP SINGH VS. STATE OF U P [LAWS(ALL)-2015-2-183] [REFERRED TO]
PREM KUMAR VERMA AND OTHERS VS. STATE OF U P THROUGH PRIN SECY , NAGAR VIKAS GOVT [LAWS(ALL)-2018-2-214] [REFERRED TO]
NEERAJ BABU VS. STATE OF U P [LAWS(ALL)-2018-2-222] [REFERRED TO]
RADHEY SHAM GARG VS. MUNICIPAL CORPORATION OF DELHI [LAWS(DLH)-2006-9-68] [REFERRED TO]
NIKUNJ VS. STATE OF GUJARAT, EDUCATION DEPARTMENT [LAWS(GJH)-2021-7-454] [REFERRED TO]
LETKHOMANG KHONGSAI VS. STATE OF MANIPUR [LAWS(MANIP)-2019-3-2] [REFERRED TO]
BRIG. MOHAN LAL VS. DISTRICT INSPECTOR OF SCHOOLS, ETAWAH AND OTHERS [LAWS(ALL)-2006-8-384] [REFERRED TO]
ISRAR MOHAMMAD VS. STATE OF U P [LAWS(ALL)-2008-11-45] [REFERRED TO]
STATE OF U P VS. VIJAY BAHADUR [LAWS(ALL)-2008-4-88] [REFERRED TO]
ANJALY BABU VS. STATE OF KERALA [LAWS(KER)-2007-11-58] [REFERRED TO]
UNION OF INDIA AND ORS. VS. DEEPAK NATRAJAN [LAWS(DLH)-2015-11-298] [REFERRED TO]
SUBHANKAR MANDAL VS. STATE OF WEST BENGAL [LAWS(CAL)-2010-10-3] [REFERRED TO]
SUDARSAN DHARI MONDAL VS. STATE OF WEST BENGAL [LAWS(CAL)-2009-12-34] [REFERRED TO]
BANKUR DISTRICT DIET SUPPLIERS WELFARE ASSOCIATION VS. STATE OF WEST BENGAL [LAWS(CAL)-2009-12-59] [REFERRED TO]
DR. K.K. SHRIVASTAVA VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-2007-4-218] [REFERRED TO]
DALMER SINGH VS. THE STATE OF HARYANA AND ORS. [LAWS(P&H)-2010-11-353] [REFERRED TO]
XAVIERS RESIDENCY VS. STATE OF KERALA AND ORS. [LAWS(KER)-2015-3-309] [REFERRED TO]
HARSHIDABEN VASUDEVBHAI NAYAK VS. STATE OF GUJARAT [LAWS(GJH)-2021-2-76] [REFERRED TO]
STATE OF KERALA VS. K PRASADA [LAWS(SC)-2007-7-6] [REFERRED TO]
KATRA MATA VAISHNO DEVI HOTELS, KATRA VS. UOI [LAWS(J&K)-2016-12-12] [REFERRED TO]
SUBHASH R ACHARYA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2007-8-88] [REFERRED TO]
MAJOR GEN B D WADHWA, AVSM VS. UNION OF INDIA [LAWS(DLH)-2006-10-263] [REFERRED]
BIRENDER SINGH VS. UNION OF INDIA [LAWS(DLH)-2013-12-94] [REFERRED TO]
SHREE PRATEEK VS. UNION OF INDIA [LAWS(DLH)-2015-12-84] [REFERRED TO]
VIJAY BAHADUR VS. STATE OF UP [LAWS(ALL)-2008-1-60] [REFERRED TO]
RANI VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2011-4-60] [REFERRED TO]
FEDERATION OF NOIDA RESIDENTS WELFARE ASSOCIATION VS. NOIDA TOLL BRIDGE COMPANY LTD. AND OTHERS [LAWS(ALL)-2016-10-135] [REFERRED TO]
PURUSHOTTAM K VANKAR VS. STATE OF GUJARAT [LAWS(GJH)-2008-2-305] [REFERRED TO]
MOHAMMED ABBAS VS. GOVENMENT OF KARNATAKA [LAWS(KAR)-2011-7-32] [REFERRED TO]
G BALAGOPALAN VS. STATE OF KERALA [LAWS(KER)-2021-2-89] [REFERRED TO]
PANKESH M PATEL VS. BANK OF BARODA [LAWS(GJH)-2007-4-79] [REFERRED TO]
R KUMAR VS. CHIEF ENGINEER METTUR THERMAL POWER STATION [LAWS(MAD)-2008-2-56] [REFERRED TO]
N JAWAHAR VS. GOVERNMENT OF TAMILNADU [LAWS(MAD)-2010-1-111] [REFERRED TO]
Black Gold Rubber VS. State of H.P. [LAWS(HPH)-2008-6-42] [REFERRED TO]
GOVT. OF NCT OF DELHI & ANR. VS. S.K. SARASWAT & ORS. [LAWS(DLH)-2016-5-279] [REFERRED TO]
RAMANI BAI VS. STATE OF KERALA [LAWS(KER)-2010-7-60] [REFERRED TO]
M/S EXHIBITORS INSTRUMENTS VS. UNION OF INDIA [LAWS(DLH)-2013-8-29] [REFERRED TO]
VIRESHWAR SINGH VS. MCD [LAWS(DLH)-2011-7-107] [REFERRED TO]
R L JALAPPA VS. ADVOCATE GENERAL FOR THE STATE OF KARNATAKA [LAWS(KAR)-2009-6-44] [REFERRED TO]
SANGHAMITRA DASH AND ORS. VS. STATE OF ORISSA AND ORS. [LAWS(ORI)-2015-12-38] [REFERRED TO]
A V KANAKATHRI VS. SECRETARY TO GOVERNMENT [LAWS(MAD)-2010-1-49] [REFERRED TO]
S KRISHNASAMY VS. STATE OF TAMIL NADU [LAWS(MAD)-2010-9-47] [REFERRED TO]
STATE PUBLIC INTEREST PROTECTION COUNCIL VS. UNION OF INDIA [LAWS(ORI)-2007-4-10] [REFERRED TO]
USHA MEHTA VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(SC)-2012-10-61] [REFERRED TO]
SAMRAT INT BHATTA AND ORS. VS. ASSISTANT COMMISSIONER, COMMERCIAL TAX AND ORS. [LAWS(ALL)-2015-9-106] [REFERRED TO]
NATIONAL INSTITUTE OF TECHNOLOGY VS. CHANDRA SHEKHAR CHAUDHARY [LAWS(SC)-2006-11-96] [REFERRED TO]
SHAKUNTLA P. GUJJAR VS. UNION OF INDIA [LAWS(CA)-2014-1-6] [REFERRED TO]
M.H. KHAN AND ORS. VS. UNION OF INDIA AND ORS. [LAWS(CA)-2015-4-48] [REFERRED TO]
R. PERUMAL VS. THE CHIEF ELECTION COMMISSIONER, NEW DELHI AND ORS. [LAWS(MAD)-2016-2-114] [REFERRED TO]
PREM SINGH MEHRA AND OTHERS VS. STATE OF UTTARAKHAND AND OTHERS [LAWS(UTN)-2017-7-150] [REFERRED TO]
GHARDA CHEMICALS LTD. VS. THE STATE OF MAHARASHTRA AND ORS. [LAWS(BOM)-2015-2-110] [REFERRED TO]
SANDEEP S/O. SAMBHAJI YADAV VS. SUSHANT S/O. ULHASRAO KAWADE [LAWS(BOM)-2016-8-67] [REFERRED TO]
FOOD AND BEVERAGE FOUNDATION SOCIETY VS. GOVT OF NCT OF DELHI [LAWS(DLH)-2011-7-31] [REFERRED TO]
V.P.AMMAVASAI VS. CHIEF ELECTION COMMISSIONER [LAWS(MAD)-2019-4-460] [REFERRED TO]
RAMANI BAI, N (DR ) AND ORS VS. STATE OF KERALA AND ORS [LAWS(KER)-2010-7-230] [REFERRED]
KERALA AGRICULTURAL UNIVERSITY VELLANIKKARA VS. SARALA K R W/O T G MADHAVANKUTTY [LAWS(KER)-2018-4-144] [REFERRED TO]
KANTI SAHU VS. STATE OF CHHATTISGARH [LAWS(CHH)-2018-7-230] [REFERRED TO]
KAPIL KUMAR VS. STATE OF CHHATTISGARH [LAWS(CHH)-2018-9-37] [REFERRED TO]
THANE ZILLA MADHYAMIK SHIKSHAK SANGH, AN ORGANIZATION REGISTERED UNDER THE BOMBAY PUBLIC TRUST ACT, 1950 VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2018-2-346] [REFERRED TO]
RAJEEV VS. UNION OF INDIA AND OTHERS [LAWS(BOM)-2019-3-12] [REFERRED TO]
Sunita Senapati VS. State of Orissa [LAWS(ORI)-2010-5-65] [REFERRED TO]
PODILI SIVA MURALI VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2021-10-3] [REFERRED TO]
Y V SUBRAMANYA KUMAR VS. SOUTHERN POWER DISTRIBUTION COMPANY OF A P LTD [LAWS(APH)-2007-7-93] [REFERRED TO]
VADIRAJA SHETTY VS. STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT OF CO OPERATION BANGALORE [LAWS(KAR)-2012-2-11] [REFERRED TO]
MARUTI SUZUKI INDIA LTD VS. KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY [LAWS(CAL)-2023-6-15] [REFERRED TO]
KATRA MATA VAISHNO DEVI HOTELS VS. UOI AND ORS [LAWS(J&K)-2017-1-1] [REFERRED TO]
UNION OF INDIA & ANR VS. KAPANI BROTHERS [LAWS(CAL)-2015-12-172] [REFERRED]
SHYAM NARAIN DWIVEDI VS. STATE OF U P [LAWS(ALL)-2013-9-177] [REFERRED TO]
CHITRA DEY VS. SHILLONG MUNICIPAL BOARD [LAWS(MEGH)-2014-8-10] [REFERRED TO]
PATEL CHANDRIKABEN GOKALDAS VS. STATE OF GUJARAT [LAWS(GJH)-2022-7-452] [REFERRED TO]
KAUSARBAG CO OPERATIVE HOUSING SOCIETY LTD VS. STATE OF MAHARASHTRA [LAWS(BOM)-2009-9-57] [REFERRED TO]
M UMMAR VS. STATE OF KERALA [LAWS(KER)-2009-5-142] [REFERRED TO]
MANIK CHANDRA DAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2007-5-67] [REFERRED TO]
CHAIRMAN WEST BENGAL SCHOOL SERVICE COMMISSION VS. SHOBHIT KUMAR SINGH [LAWS(CAL)-2007-6-11] [REFERRED TO]
SIDDHARTH SINGHAL VS. GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY [LAWS(DLH)-2008-4-105] [REFERRED TO]
AGNES KHARSHIING VS. STATE OF MEGHALAYA [LAWS(MEGH)-2014-7-13] [REFERRED TO]
DELHI SUBORDINATE SERVICE SELECTION BOARD (DSSSB) VS. PUNEET KUMAR [LAWS(DLH)-2020-1-31] [REFERRED TO]
V N PARAMESWARAN POTTY VS. STATE OF KERALA [LAWS(KER)-2010-7-57] [REFERRED TO]
JYOTHI IGNATIOUS VS. STATE OF KERALA [LAWS(KER)-2010-8-370] [REFERRED TO]
G. GOPIMOHANAN NAIR VS. STATE OF KERALA AND THE DIRECTOR OF HIGHER SECONDARY [LAWS(KER)-2010-8-446] [REFERRED TO]
BRAJESH KUMAR VS. STATE OF BIHAR [LAWS(PAT)-2013-5-5] [REFERRED TO]
SANJEEV KUMAR TYAGI VS. UNION OF INDIA [LAWS(CA)-2012-8-7] [REFERRED TO]
G HEMA RAVI SAMPAN VS. RAJIV GANDHI UNIVERSITY OF KNOWELDGE AND TECHNOLOGIES [LAWS(APH)-2008-9-34] [REFERRED TO]
RAJENDRA PRASAD BAUDH VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2016-1-91] [REFERRED TO]
AWADHESH KUMAR VS. STATE OF U.P. [LAWS(ALL)-2022-2-26] [REFERRED TO]
SANT KUMAR BANJARE, S/O S K BANJARE VS. CHHATTISGARH PUBLIC SERVICE COMMISSION [LAWS(CHH)-2018-8-7] [REFERRED TO]
SHIV PRATAP AND OTHERS VS. STATE OF U P THROUGH PRINCIPAL SECRETARY, NAGAR VI [LAWS(ALL)-2018-2-202] [REFERRED TO]
MAHARASHTRA RAJYA SHIKSHAK SENA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2017-6-155] [REFERRED TO]
MAHARASHTRA HEAVY VEHICLE AND INTERSTATE CONTAINER OPERATORS ASSOCIATION. VS. UNION OF INDIA [LAWS(BOM)-2017-8-53] [REFERRED TO]
SUNITHA KRISHNAN VS. STATE OF TELANGANA [LAWS(TLNG)-2020-7-9] [REFERRED TO]
C JAYAKUMAR ALIAS C KUMAR VS. STATE OF TAMIL NADU [LAWS(MAD)-2010-2-355] [REFERRED TO]
SARLA GUPTA VS. GNCT OF DELHI [LAWS(CA)-2014-7-6] [REFERRED TO]
NATURAL SUGAR AND ALLIED INDUSTRIES LIMITED VS. STATE OF MAHARASHTRA, [LAWS(BOM)-2020-4-94] [REFERRED TO]
NARESH KUMAR VS. STATE OF H.P. [LAWS(HPH)-2011-8-102] [REFERRED TO]
BHUPENDRA NATH TRIPATHI VS. STATE OF U P [LAWS(ALL)-2009-1-146] [REFERRED TO]
SANGITA YADAV VS. UNION OF INDIA [LAWS(ALL)-2006-9-26] [REFERRED TO]
LALIT KISHORE SUMAN AND ORS VS. STATE OF RAJASTHAN & ORS [LAWS(RAJ)-2012-9-379] [REFERRED]
MANAGING COMMITTEE MOHIARY RANIBALA KUNDU CHOWDHURY VS. STATE OF WEST BENGAL [LAWS(CAL)-2010-10-76] [REFERRED TO]
PRITI INTERNATIONAL VS. UNION OF INDIA [LAWS(GAU)-2007-3-76] [REFERRED TO]
S BALBIR SINGH AND OTHERS VS. U O I AND OTHERS [LAWS(J&K)-2017-7-20] [REFERRED TO]
VANRAMCHHUANGI, DIRECTOR, HUMAN RIGHTS & LAW NETWORK, MIZORAM, AIZAWL VS. STATE OF MIZORAM [LAWS(GAU)-2014-8-52] [REFERRED TO]
SALEMA KHATUN VS. THE STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2018-6-162] [REFERRED TO]
SUBHASIS NEGEL VS. STATE OF WEST BENGAL [LAWS(CAL)-2021-1-61] [REFERRED TO]
ASIFUDDIN VS. STATE OF U P [LAWS(ALL)-2014-5-341] [REFERRED TO]
AZIMUSSHAN HAIDER VS. UNION OF INDIA [LAWS(DLH)-2008-7-116] [REFERRED TO]
A K SHARMA VS. UOI [LAWS(DLH)-2008-8-152] [REFERRED TO]
STATE OF KERALA VS. GREEEN SEVEN RESORTS PRIVATE LIMITED [LAWS(KER)-2015-3-184] [REFERRED TO]
INDIRA GANDHI MEMORIAL MAHAVIDYALAYA, GANESHPURAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2020-9-30] [REFERRED TO]
SOUMIK GOSWAMI & ORS VS. STATE OF WEST BENGAL & ORS [LAWS(CAL)-2018-5-89] [REFERRED TO]
THAKUR PRASAD SINGH VS. STATE OF U P [LAWS(ALL)-2011-11-4] [REFERRED TO]
KANORIA JUTE AND INDUSTRIES LTD VS. STATE OF WEST BENGAL [LAWS(CAL)-2009-12-80] [REFERRED TO]
PRATEEK VS. UNION OF INDIA AND ANR [LAWS(DLH)-2015-12-491] [REFERRED]
SHANTI SPORTS CLUB VS. UNION OF INDIA [LAWS(SC)-2009-8-46] [REFERRED TO]
S. SUBRAMANIAM BALAJI VS. GOVERNMENT OF TAMIL NADU [LAWS(SC)-2013-7-67] [REFERRED TO]
G.V. SESHAMAMBA VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2021-3-130] [REFERRED TO]
ARUNABEN ATMARAM DUDHREJIYA VS. UNION OF INDIA [LAWS(GJH)-2007-1-17] [REFERRED TO]
PALANISAMY VS. STATE OF TAMILNADU [LAWS(MAD)-2010-1-148] [REFERRED TO]
G BALU VS. SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPT GOVT OF TAMILNADU FORT ST GEORGE [LAWS(MAD)-2010-4-478] [REFERRED TO]
MUNICIPAL COMMISSIONER OF MUNICIPAL CORPORATION OF GREATER BOMBAY VS. VARDHMAN & HIRANANDANI DEVELOPERS [LAWS(BOM)-2019-11-41] [REFERRED TO]
GANESH PRAKASH WANKAR VS. DIVISIONAL COMMISSIONER, PUNE DIVISION, PUNE & ORS [LAWS(BOM)-2018-4-113] [REFERRED TO]
R G BHATT VS. STATE OF GUJARAT [LAWS(GJH)-2014-4-118] [REFERRED TO]
SUREKHABEN CHAMARBHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2010-7-151] [REFERRED TO]


JUDGEMENT

Arijit Pasayat, J. - (1.)These three writ petitions, filed under Article 32 of the Constitution of India, 1950 (in short the Constitution), question legality of certain terms in inviting offers for implementation of the scheme called the "Detailed Scheme for Capacity Building of Self Help Groups to Prepare and Supply Supplementary Nutrition under the Integrated Child Development Service (in short the ICDS) Programme."
(2.)By order dated 7.10.2004 in Writ Petition (C) No. 196 of 2001 (Peoples Union for Liberties vs. Union of India and Others) this Court observed as under :-
"We have gone through the fifth (August, 2004) report of the Commissioners x x x. Further, the problem of using contractors for procurement has also been mentioned in the report suggesting that it should be done by agencies and officers at the government level."
The following directions were issued:
"The contractors shall not be used for supply of nutrition in Anganwadis and preferably ICDS funds shall be spent by making use of village communities, self-help groups and Mahila Mandals for buying of grains and preparation of meals."

(3.)ICDS is perhaps the largest of all the food and supplementation programmes in the world which was initiated in the year 1975 with various objectives as per the document prepared by the Planning Commission. It was also noted by this Court that there was a problem in using contractors for procurement and in the report of the Commissioners it was suggested that it should be done by agencies and officers at the Government level. In that context, it was noted by this Court as follows:
"The Report also mentions that some of AWCS are operating from private houses including those of grain dealers which it is suggested is not a healthy way of working as it is likely to increase the chances of pilferage of the grain etc. We are happy to note that as stated in the affidavit of State of Uttar Pradesh, it has made efforts to shift AWCS to primary schools. It is a good example for other States to follow. The Report also mentions about the attempt to centralize the procurements in some of the States which has many fallouts. It has been explained in one of the affidavit that the procurements is at district level and not at the State level. Further, the problem of using contractors for procurement has also been mentioned in the Report suggesting that it should be done by agencies and officers at the Government level. These are only by way of illustrations as to facts and figures given in Section 1 of the Report relating to Integrated Child Development Services."



Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.