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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C. BEHERA, J.
Maa Tarini SHG represented by its Secretary Mamina Pani and another - Petitioners
Versus
State of Odisha, represented by its Secretary-cum-Commissioner, Housing and Urban Development Department, Bhubaneswar and others - Opposite Parties
W.P.(C) No.34502 of 2025
Decided On : 26-02-2026
| Table of Content |
|---|
| 1. factual background of application and selection process. (Para 1 , 2 , 3 , 4) |
| 2. opposing arguments regarding selection criteria. (Para 5) |
| 3. court's analysis of selection validity and estoppel. (Para 6 , 7 , 8 , 10) |
| 4. principle of estoppel in selection challenges. (Para 9) |
| 5. writ petition dismissed; no grounds for interference. (Para 11 , 12 , 13) |
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 advertisement and EOI dated 14.10.2025 (Annexure-4), the petitioner WSHG submitted its application.
In that EOI vide Annexure-4, it was reflected that, bids/applications of the applicants(WSHGs) shall be opened on 28.10.2025 in Mini Conference Hall at Biju Bhawan, Cuttack, but, due to some inconvenience, as per Letter No.1569 dated 28.10.2025 vide Annexure-6, the opening of the bids/applications on dated 28.10.2025 was postponed and the date of opening of the bids/applications was fixed to 01.11.2025.
Accordingly, on the aforesaid scheduled date and time as per Annexure-6, the bids/applications of the applicants(SHGs) were opened on 01.11.2025 at 11.00 A.M. in Mini Conference Hall at Biju Bhawan, Cuttack in presence of the petitioner WSHG along with other applicant WSHGs and on the basis of the criterias indicated in EOI dated 14.10.2025 vide Annexure-4, the petitioner WSHG secured 95 marks out of 100 marks, but, the Opposite Party No.6 WSHG secured 90 marks out of 100.
4. Even though, the Opposite Party No.6 WSHG had secured less marks, i.e., 90 marks than the petitioner WSHG and the petitioner WSHG had secured 95 marks and even though, the petitioner WSHG had the previous four years experience in running the Aahar Kendra at Jagatpur, still then, the Selection Committee Members illegally selected to the Opposite Party No.6 WSHG on dated 28.11.2025 for the operation and management of Aahar Kendra at Jagatpur for the year 2025-2026 moving beyond the guidelines, parameters and criterias fixed for the selection violating the principles of natural justice as well as Article-14(1)(c) of the Constitution of India, 1950 debarring the petitioner WSHG illegally from its selection as the operator of Aahar Kendra at Jagatpur for the year 2025-2026.
For which, without getting any way, the petitioner WSHG approached this Court by filing this writ petition against the Opposite parties under Articles 226 and 227 of the Constitution of India, 1950 praying for the cancellation of the assignment to the Opposite Party No.6 WSHG in respect of the operation and management of the Aahar Kendra at Jagatpur and to issue the Expression of Interest(EOI) in favour of the petitioner WSHG for the operation and management of that Aahar Kendra.
5. The Opposite Party Nos.3, 4 and 5 filed their counter denying the allegations alleged by the petitioner WSHG taking their stands that, as per the advertisement dated 14.10.2025, the petiti
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.
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