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.

JUDGMENT :

SASHIKANTA MISHRA, J.

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 work.

2. The petitioner challenged such engagement by filing a writ application before this Court being W.P.(C) No.11 of 2019. This Court, by judgment dated 19.01.2023 took note of all relevant facts along with the joint enquiry report and set aside the engagement order issued in favour of the said Madaneswar, SHG. It is stated at the bar that the judgment of this Court has not been further challenged and has thus, attained finality. The following direction was issued under paragraph-8 of the judgment:-

“For reasons aforesaid, impugned order dated 5th October, 2018 is set aside and quashed. Consequently, agreement executed pursuant to the engagement order is rendered void petitioner may approach the authority concerned for engagement.”

3. Accordingly, the petitioner submitted a detailed representation on 27.01.2023 before the Collector, Kendrapara with request to issue order of engagement as per the recommendation made by the joint enquiry committee. The Collector, however, by order dated 10.03.2023 allowed an existing unit, namely Budhijagulai-B SHG to prepare and supply THR (Chhatua) to the Anganwadi Centers, which were earlier managed by Madaneswar SHG.

4. Being thus aggrieved, the petitioner has approached this Court with the following prayer:-

“The petitioner most respectfully prays that the Hon’ble Court may be graciously pleased to allow the writ petition, issue of a writ or direction in the nature of certiorari or any other appropriate writ or direction quashing order No.227 dated 10.03.2023 of the CDPO, Pattamundai under Annexure-6 and further issue a writ or direction in the nature of mandamus or any other appropriate writ or direction to the opposite parties to engage the petitioner for preparation and distribution of THR Chhatua of Pattamundai ICDS Project and pass such other or further order or orders as are deemed just and proper.”

5. Counter affidavit has been filed by the CDPO, Pattamundai admitting that the petitioner was earlier recommended for engagement pursuant to the advertisement on the basis of the joint enquiry report in which the other three SHGs were not found suitable. Again, with regard to the impugned order, it is stated that upon receipt of the representation submitted by the petitioner on 27.01.2023, the Collector, Kendrapara constituted a district level enquiry team to assess the feasibility and up-to-date status of the petitioner’s SHG. It was found that engagement of the petitioner group is not at all feasible for preparation and supply of THR as the house rent agreement executed between the land owner and the petitioner’s SHG was not in proper format, determination of monthly house rent was not mentioned nor it was a registered one with no witness to the said agreement. The petitioner’s unit was also