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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Maa Santoshi Women’s S.H.G.,Puri – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
Sashikanta Mishra, J.
Common facts and questions of law are involved in both these Writ Petitions for which both were heard together and are being disposed of by this common judgment.
Facts
2. Both the Petitioners are Women’s Self Help Group (WSHGs) functioning in the district of Puri. By order dated 06.6.2012 of the District Social Welfare Officer (DSWO), Puri both WSHGs along with another WSHG were selected to prepare wheat-based Ready To Eat (RTE) food (Chhatua) as per Government Guidelines to be provided to the eligible beneficiaries as Take Home Ration (THR) for a period of three months in respect of Kanas Block. While Maa Chandi WSHG (Petitioner in W.P.(C) No.16211/2025) was entrusted with the work in 21 Gram Panchayats, Maa Santoshi WSHG (Petitioner in W.P.(C) No.19637/2025) was engaged in respect of 7 Gram Panchayats under Kanas Block. Since then, both WSHGs have been functioning satisfactorily as per Government parameters. On 19.10.2010, the DSWO, Puri disengaged Maa Santoshi WSHG purportedly basing on the enquiry report of District Level Squad under the Chairmanship of A.D.M., Puri and the A.W.Cs. in which Maa Santoshi WSHG was involved, were tagged with Maa Chand
Disengagement from government projects must respect natural justice and existing contractual rights; SHG re-engagement is subject to compliance with specified guidelines and conditions.
Engagement of Self Help Groups for supply of Take Home Ration is governed by administrative guidelines, and lack of renewal does not constitute an enforceable right, nor does it require a prior notic....
The engagement of a suitable self-help group for supplying THR must justify the exclusion of previously recommended candidates based on rational and documented criteria.
The administrative engagement of Women's Self Help Groups in public procurement is policy-driven; no legal entitlement exists to continuous participation without performance assessments.
The court established that quashing a disengagement order does not automatically entitle a petitioner to reinstatement in a contractual role without explicit direction, particularly when there are un....
The court determined that the decision to rescind the Petitioner’s contract violated natural justice by not providing an opportunity to respond to allegations, necessitating adherence to procedural g....
The central legal point established in the judgment is the requirement of a food license under the Food Safety and Standards Act, 2006 for engaging in food business.
Authority must comply with the principles of natural justice by providing an opportunity to be heard before making adverse decisions affecting rights previously established.
The court reinforced that compliance with procedural directives is mandatory in selection processes, emphasizing the principles of natural justice and fair hearing.
The exclusion of a party from procurement proceedings without a fair opportunity to be heard violates principles of natural justice, and any prior rights must be respected.
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