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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Maa Tarini SHG represented by its Secretary Mamina Pani – Appellant
Versus
State of Odisha, represented by its Secretary-cum-Commissioner, Housing and Urban Development Department, Bhubaneswar – Respondent
JUDGMENT :
A.C. Behera, J.
This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner Women Self Help Group(WSHG) being a Mission Shakti Group(MSG) along with another against the Opposite Parties praying for quashing(setting aside) the assignment of Operation and Management of Aahar Kendra at Jagatpur to the Opposite Party No.6 WSHG and to issue the Expression of Interest(EOI) in favour of the petitioner WSHG for the Operation and Management of the said Aahar Kendra at Jagatpur.
2. The factual backgrounds of this writ petition, which prompted the petitioner WSHG for filing of the same is that, the Assistant Commissioner-cum-SIO, Cuttack Municipal Corporation(Opposite Party No.4) published an advertisement-cum-EoI on dated 14.10.2025(Annexure-4) inviting applications of the WSHGs for the selection of one SHG among them to operate and manage Aahar Kendra at Jagatpur for the financial year 2025-2026 stating in the Expression of Interest No.1465(Annexure-4) that, the interested applicant WSHG should submit their applications either through online or through off line on or before 24.10.2025 by 5.00 P.M.
3. In pursuance to such an advert
Participation in a public selection process constitutes acceptance of the terms, barring subsequent challenges to the outcome based on alleged irregularities.
Participation in a selection process estops unsuccessful candidates from contesting the selection outcome, and the selection committee's decision is final and binding.
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.
The court reinforced that compliance with procedural directives is mandatory in selection processes, emphasizing the principles of natural justice and fair hearing.
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.
Exclusion from administrative decisions must comply with natural justice, ensuring the affected party is given a fair chance to respond before adverse actions are taken.
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 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.
Exclusion from administrative benefits without a hearing violates principles of natural justice and is deemed arbitrary, especially when rights have been established.
Exclusion from government procurement processes without providing a fair hearing violates principles of natural justice, necessitating reconsideration of such administrative decisions.
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