MUMBAI: Bombay high court on Tuesday restrained the Maharashtra government from distributing sub-standard chikkis to aanganwadis.

A bench of Justice V M Kanade and Justice Shalini Phansalkar passed the formal order after it was pointed out that despite the government assuring the court on July 10 that distribution has been stopped, sub-standard chikki continued to be distributed as revealed under Right to Information Act.

The bench said it was passing a formal order "taking into consideration the interest of children" and also "so that any controversy is put to rest" without casting any aspersion on allegation on the statement of the State government.

It directed the government not to pay manufacturer and distributor Suryakanta Mahila Audyogik Sahakari Sanstha and other contractors. It has also directed that the Women and Child Development Department, headed by minister Pankaja Munde, "may not award any contract without following e-tendering proces as per observations made by a division bench of this court."

The court wants the government to state what procedure was followed before selecting Suryakanta as sole manufacturer and distributor. Also, whether enquiry was made of Suryakanta's capacity, both financial and in respect of quality of products manufactured by it.

The directions came on a public interest litigation was filed by Sandeep Ahire which, among other reliefs, also urged action against women and child development minister Pankaja Munde.

Senior advocate Anil Anturkar, appearing for Ahire, argued that on February 12 the minister orally directed cancellation of all proposals which have come till then and to call for fresh proposals. The Integrated Child Development Scheme commissioner returned the same day with 24 proposals worth Rs 206 crore. He said the next day work orders were issued. Anturkar said the chikki contract itself was worth Rs 114 crore. "All this happened with 24 hours," he said.

Anturkar also argued that Suryakanta did not have the capacity to manufacture the chikkis. He referred to their reply to the PIL which gave the name of the machine purchased for rolling and cutting chikkis. Anturkar said a check on the company's web-site showed that the machine can manufacture over 500 kgs every eight hours. He surmised that if the machine was operated for 24 hours, it would prepare 1500 kg of chikkis. He said the contract given to Suryakant was for 2.51 lakh kg and hence it would take 4.6 months to prepare the chikkis.

"This supports my contention that old chikki was distributed," he said, urging a formal injunction order on distribution of chikki and also in respect of payments remaining to be made to Suryakant and other beneficiaries.

Senior advocate Srihari Aney reiterated that no chikki has been distributed after July 10. He also said chikkis were to distributed as an additional nutrient only in 20 districts and not the entire State. He urged the court not to pass any injunction order saying it would prejudice the government.