Govind Mathur, j. - (1.) Heard the petitioner through Sri Nadeem Murtaza, learned counsel as well as learned Standing Counsel for the State of U.P. By order dated 28th March, 2018, a coordinate Bench of this Court took cognizance of the issue relating to deplorable condition of shoes distributed to school kids of Government run primary and upper primary schools of Uttar Pradesh. While taking cognizance of the issue, the Court recorded its satisfaction to initiate writ proceedings in public interest litigation jurisdiction in following terms : "1. We are shocked by news published in the English newspaper "Hindustan Times" dated 28th March, 2018 reporting about the deplorable condition of shoes distributed to schools kids of Government run primary and upper primary schools of Uttar Pradesh in November, 2017. The report states that in a reality check done by Shri Rajeev Mullick. the correspondent of Hindustan Times at a Government run primary school in Lucknow's Jiamau area, the shoes which were distributed were found to be torn and tattered - the sole having worn out and in most cases the kids managing to hold the shoes together with rubber bands, laces etc. As per the report, the shoes were purchased in November, 2017 and distributed to the school going children in November, 2017 itself. The report states that the State Cabinet in October, 2017 had approved the free distribution of shoes, socks and sweaters to students of classes 1 to 8 and a sum of Rs.266 crores was earmarked for distribution of shoes/socks to about 1.54 crore students, the cost of each pair of shoes was Rs.135.75 while socks came at Rs.21.85 a pair.
(2.) We are astonished upon reading the said news item inasmuch as it appears that the noble cause of the Government of distribution of shoes and socks 1.54 crore students at a cost of Rs.266 crores has been completely defeated on account of the abysmal quality of the shoes and it thus appears that everything is not fine with the quality of shoes that have been purchased for being distributed to the school going children, the shoes having worn out of most of the children in four months! Thus the very purpose of the distribution of shoes to the students has been defeated on account of the extremely poor quality of the shoes purchased by the officials of the Government. It thus appears that the tax payers' money spent by the Government in an extremely noble cause has been wasted on account of the callous action on the part of the irresponsible officials which is prima faice apparent from the perusal of the report.
(3.) Keeping this in view and being anguished with the said report, we take up this matter as a Public Interest Litigation. Let this matter be registered as PIL "In the matter of U.P. Kids walk "barefoot' to school" (Suo moto) (P.I.L.) v. State of U.P. and others"." A counter affidavit to the writ petition has been filed giving all the necessary details relating to the scheme concerned and the entire process in which tenders were invited and awarded. The relevant portion of the counter affidavit reads as under : "21. As per Government order dated 17-05-2017 in the year 2017-18, free School Bags were to be provided to the students of classes 1-8 in Parishadiya Primary and Upper Primary Schools. Consequently in the year 2017-18, for providing free School Bags to students in classes 1-8 in Primary and Upper Primary schools run by Basic Education Board, the following procedure was adopted :- a) That the State Government vide letter dated 17.05.2017 ordered to provide Free Schools Bags to the students studying in classes 1 to 8. The Photostat copy of the letter dated 17.05.2017 issued by Special Secretary, Basic Education, State of U.P. is being annexed herewith as Annexure No. A-21 to the affidavit. b) That for the purchase of School Bags to students through E-Tender Process, a 5 (five) Member Committee was constituted vide letter dated 16.03.2016 in the year 2016-17, which convened a meeting on 30.05.2017 to finalize the tender document. The aforesaid committee prepared and finalized the tender document and decided to upload it on Government E-Tender portal. The Photostat copy of the letter dated 16.03.2016 issued by Special Secretary, Basic Education, State of U.P. and the proceeding dated 30.05.2017 is annexed herewith collectively as Annexure No. A-22 to this affidavit. c) That in pursuance of the decision of the committee, the Tender Document was uploaded on E-Tender portal on 31.05.2017 for procurement of School Bags for the students of classes 1 to 8 (One to Eight). Tender document contains each and every term and condition for eligibility, specifications, warranty and replacement etc. The Tender Document relating to purchase of School Bags uploaded on 31.05.2017 is annexed herewith as Annexure No. A-23 to this affidavit. d) That a meeting of the committee constituted by the State Government comprising of five members was held on 17.06.2017 to open the technical bid for supply of Schools Bags wherein out of 10 tenderers, only 6 bidders were found eligible with respect to the technical bid, and on opening of technical bids, only 4 bidders qualified. The Photostat copy of the proceedings dated 17.06.2017 whereby technical bid was approved by the committee of five members is annexed herewith as Annexure No. A-24 to this affidavit. e) That a meeting of the committee constituted by the State Government comprising of five members, having finally approved the technical bid of 4 bidders, decided to open the financial bid of technically successful bidders. Accordingly, the committee opened the financial bid on 19-06-2017. The Photostat copy of the proceedings dated 19.06.2017 whereby technical and financial bids were approved by the committee is annexed herewith as Annexure No. A-25 to this affidavit. f) That the lowest bidder (L-1) had quoted the minimum rate of School Bag amounting to Rs.163.50 (one Hundered Sixty Three and Paise Fifty). That under the Notice Inviting Tender more particularly clause 10.1(F) the tender committee was empowered to negotiate the price with the L1 tenderer and the L1 bidder agreed to supply School Bags at the rate of Rs.149.90 (One Hundred Forty Nine and Paise Ninety) per School Bag. This information pertaining to negotiation with L-1 was submitted by the tender committee to the State Government by the Director, Basic Education, U.P., Lucknow vide letter dated 07.07.2017 on which the Special Secretary, State of U.P., Lucknow accorded its approval on 11.07.2017. The Photostat copy of the letter issued by Director Basic Education, U.P., Lucknow addressed to Additional Chief Secretary Basic Education, State of U.P., dated 07.07.2017 and the approval thereupon granted by the Special Secretary, State of U.P., Lucknow dated 11.07.2017 are annexed herewith as Annexure No. A-26 and 27 to this affidavit. g) That the Letter of Intent (LOI) in respect of four qualified tenderer was issued on 13.07.2017 by the Director of Basic Education, State of U.P. The Photostat copy of the letters of Director of Basic Education dated 13.07.2017 is annexed herewith as Annexure No. A-28 to this affidavit. h) That after getting their acceptance, the Director, Basic Education issued a letter on 17.07.2017 to all the Basic Education Officers throughout State of U.P. giving strict instructions about the issuing of purchase order, receiving at delivery points, verification, testing, distribution and payments with respect to procurement of School Bags. The Photostat copy of the letter of Director, Basic Education, State of U.P. dated 17.07.2017 is annexed herewith as Annexure No. A-29 to this affidavit. i) That the agreements between Director of Basic Education and the Suppliers of the School Bags were executed on 18.07.2017 (Abhilasha Commercial Pvt. Ltd., Rausheena Udyog Ltd and XO Footwear Pvt. Ltd.) and 19.07.2017 Sumaja Eloectroinfra Pvt. Ltd. on non-judicial Stamp Paper with all terms and conditions, specifications of School Bags and time bound delivery etc. were mentioned therein. The Photostat copy of the agreements executed between the parties dated 18.07.2017 and 19.07.2017 are collectively annexed herewith as Annexure No. A-30 to this affidavit. j) That taking notice of some School Bags damaged in a few schools after the distribution to the students, the Director Basic Education, State of U.P. issued directions to all the District Basic Education Officers within the State of U.P. to strictly adhere to the mandate as stipulated in clause 12 as contained in the tender document. The Photostat copy of the letter dated 26.03.2018 circulated to all the District Basic Education Officer is being filed herewith as Annexure No. A-31 to this affidavit." We have considered the details provided by the State Government in the counter affidavit. We do not find any just reason to further continue the Public Interest Litigation proceedings. Accordingly the same are closed. The petition for writ stands dismissed. ;