Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Maa Saraswati SHG, Kendrapara – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. engagement process of self help groups (Para 1 , 2 , 3) |
| 2. petitioner's request for engagement and counterarguments (Para 4 , 5 , 6) |
| 3. arguments presented by both parties (Para 7 , 8 , 9) |
| 4. court's evaluation of feasibility and compliance with criteria (Para 10 , 11 , 12 , 13) |
| 5. final order and directive for engagement reconsideration (Para 14 , 15) |
JUDGMENT :
1. The petitioner is a Women’s Self Help Group operating in the district of Kendrapara and engaged in preparation and supply of Take Home Ration (THR) (Chhatua). An advertisement was issued by the DSWO, Kendrapara inviting applications from SHGs for preparation and supply of THR (Chhatua) to different Anganwadi Centers under the said ICDS Project. Several SHGs, including the petitioner submitted their applications. A joint enquiry was conducted by the Sub-Collector and the CDPO, wherein the petitioner group was found most suitable in terms of experience, infrastructure facilities, ability to meet emergencies, maintenance of hygienic atmosphere etc., and was recommended for engagement. However, for reasons not clearly spelt out, the DSWO, Kendrapara engaged another Self Help Group, named Madaneswar SHG for the
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.
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 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.
Disengagement from government projects must respect natural justice and existing contractual rights; SHG re-engagement is subject to compliance with specified guidelines and conditions.
Compliance with food safety regulations, including the requirement for a food license under section 31 of the Food Safety and Standards Act, 2006, is essential for engaging in food business.
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.
A Self-Help Group's claim of unfair supply discontinuation was dismissed as they failed to comply with contract terms, affirming the authority of the Child Development Project Officer in this context....
The court reinforced that compliance with procedural directives is mandatory in selection processes, emphasizing the principles of natural justice and fair hearing.
Writ of certiorari does not permit re-evaluation of evidence but ensures adherence to natural justice; findings of fact can only be overturned if shown to lack basis.
A participant in a selection process cannot challenge the outcome based on criteria accepted prior to participation, emphasizing the binding nature of selection committee findings.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
