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2026 Supreme(Ori) 148

IN THE HIGH COURT OF ORISSA, CUTTACK
ANANDA CHANDRA BEHERA, J.
Kalyanmayee Self Help Group, Jaleswar, represented through its Secretary – Petitioner
Versus
State of Odisha & Others - Opposite Parties
WP(C) No.32258 of 2025
Decided On : 09-02-2026

Advocates Appeared:
For the Petitioner:Ms. P.S. Mohanty, Advocate
For the Opposite Parties :Mr. A.P. Bose, Advocate, Ms. U. Padhi, Addl. Standing Counsel.

The court reinforced that compliance with procedural directives is mandatory in selection processes, emphasizing the principles of natural justice and fair hearing.

Headnote:(A) Constitution of India, 1950 - Articles 226 and 227 - Writ petition filed to quash orders of selection of Women Self Help Groups for THR production and distribution - The appellate authority directed fair process and opportunity for participation, but the order by the Collector was not in conformity with this direction - Adherence to principles of natural justice is mandatory. (Paras 1, 5, 8, 11)

(B) Appeal - Appellate authority's directives must be followed by subordinate authorities in selection processes; deviation invalidates the selection. (Paras 6, 8)

Facts of the case:
The petitioner challenged the orders disengaging it from THR production in favor of another group, claiming non-compliance with mandatory procedural guidance. The prior order mandated transparency and opportunity for all eligible groups. Findings of the Court: The impugned order was quashed due to lack of due process, and the engagement of another group was allowed to continue temporarily pending a fresh decision.

Issues: Whether the selection process followed directions given by the appellate authority and the opportunity for the petitioner to participate.

Ratio Decidendi: The court emphasized that when an authority is directed to perform a task in a specific manner, failure to do so invalidates the action taken. Natural justice must be observed.

Result: The writ petition is allowed in part; the impugned order quashed while maintaining the engagement of another group until fresh proceedings occur.

Table of Content
1. procedure to quash lower orders (Para 1 , 2 , 3)
2. hearing of parties involved (Para 4)
3. non-compliance with procedural fairness (Para 5 , 7 , 8 , 9)
4. requirement of following prescribed procedures (Para 6)
5. final order and directions for new process (Para 10 , 11 , 12)

JUDGMENT :

ANANDA CHANDRA BEHERA, J.

1. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner- Kalyanmayee Self Help Group, Jaleswar against the Opp. Parties praying for quashing the order dated 18.10.2025 (Annexure-25) passed by the Director, ICDS & SW, Women & Child Development Department (Opp. Party No.2), and the Order dated 27.10.2025 (Annexure-26) passed by the Collector & District Magistrate, Balasore (Opp. Party No.3) in favour of the Opp. Party No.6 (Maa Kamala Self Help Group).

2. The factual backgrounds of this writ petition which prompted the petitioner for filing of the same is that, as per the order dated 01.09.2025 (Annexure-24) passed by this Court in WP(C) No.22630 of 2025 filed by the Opp. Party No.6 (Maa Kamala Self Help Group) against the State and others, liberty was given to the petitioner in that writ petition vide WP(C) No.22630 of 2025 to prefer an appeal before the Director, Special Projects within 10 days challenging the engagement of the petitioner of this writ petition in THR production and distribution according to the revised guidelines of the Government and if such an appeal is preferred, the appellate authority shall consider the same in accordance with law after following due procedures and to pass a reasoned order within 4 (four) weeks.

As per the aforesaid order dated 01.09.2025 (Annexure-24) passed in WP(C) No.22630 of 2025 by this Court, the Opp. Party No.6 in this Writ Petition preferred an appeal before the Director, ICDS & SW, Women & Child Development Department (Opp. Party No.2).

The said appeal of the Opp. Party No.6 was disposed of on dated 18.10.2025 (Annexure-25) by the Opp. Party No.2 directing Collector and District Administrator, Balasore (Opp. Party No.3)

“to adopt a free, fair and transparent process for the engagement of WSHG for THR production and distribution clarifying that, all the eligible WSHGs should be given adequate opportunity to participate in the said process before the Opp. Party No.3 and the applicant fulfilling all conditions and having good track record in all aspects should be selected adhering to the revised THR GUIDELINES, 2018 and the compliance report with details justification in the said matter should be submitted to the Department of WSD within 15 working days.”

On the basis of the said order dated 18.10.2025 (Annexure-25) passed by the Opp. Party No.2 in an appeal, the Collector and District Magistrate, Balasore (Opp. Party No.3) as per Order dated 27.10.2025 (Annexure-26)

“selected to the Opp. Party No.6 to produce/prepare THR Chhatua & MSPY under SNP for the remaining period of 2025- 26 for the entire Jaleswar ICDS Project w.e.f. 01.11.2025 and disengaged Kalyanmayee SHG of Jaleswar (petitioner) from the same and directed to the petitioner Kalyanmayee SHG of Jaleswar (petitioner) to handover stock of the unutilized wheat, so supplied forthwith to Opp. Party No.6 and also directed to the DSWO, Balasore and the CDPO, Jaleswar to implement the said order dated 27.10.2025.”

Accordingly, the DSWO and CDPO Balasore (Opp. Party Nos.4 & 5) issued Letters vide Annexure 27 series to the Opp. Party No.6 for the preparation and distribution of THR Chhatua and MSPY for the year 2025-26 for the entire Jaleswar ICDS Project.

3. On being aggrieved with the aforesaid Order dated 27.10.2025 (Annexure-26) passed by the Collector & District Magistrate, Balasore (Opp. Party No.3) and its consequential Letters vide Annexure-27 series, the petitioner challenged the same by filing this Writ Petition under Articles 226 & 227 of the Constitution of India, 1950 praying for quashing the annexures 26 & 27 series on the ground that, the said

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