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2026 Supreme(Ori) 555

IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C. BEHERA, J.
Maa Anapurna SHG Rep. by Secretary Manosini Dikshit and Another – Appellants
Versus
State of Odisha and Others – Respondents
W.P. (C) No. 34385 of 2025
Decided On : 28-01-2026

Advocates Appeared:
For the Appellant : D.K. Ray
For the Respondents: G. Mohanty, M. Mohanty, D. Nayak, S. Mohanty

Participation in a selection process estops unsuccessful candidates from contesting the selection outcome, and the selection committee's decision is final and binding.

Headnote:(A) Constitution of India, 1950 - Articles 226 and 227 - Writ petition challenging selection process for Operation and Management of Sishu Bhawan Aahar Kendra by Self Help Group - Authority failed to select the highest scoring applicant despite securing 100 marks - Court held that the findings of the Selection Committee are final and cannot be challenged in any forum. (Paras 1, 5, 10)

(B) Natural Justice - Selection process must adhere to prescribed guidelines and criteria - Court highlighted the violation of principles of natural justice by not selecting the qualified applicant. (Para 4)

Facts of the case:
The petitioners filed a writ challenging the selection of an SHG for managing Sishu Bhawan Aahar Kendra despite securing the highest marks in the selection process, alleging irregularities in the selection criteria and process.

Findings of Court:
The Court ruled that the selection was made in accordance with the criteria set in the Expression of Interest and finalized by the Selection Committee is binding. The petitioner is estopped from challenging this process after participating in it.

Issues: The court addressed whether the selection process was in accordance with the laid down criteria and the implications of the petitioner’s participation in that process.

Ratio Decidendi: The court concluded that participation in the selection process, regardless of the outcome, precludes an unsuccessful candidate from contesting the process afterward; the selection committee's decision is final. (Paras 8, 9)

Result: Writ petition dismissed.

Table of Content
1. quashing of assignment for aahar kendra (Para 1 , 2 , 3 , 4)
2. counterarguments by opposite parties (Para 5)
3. hearing of parties and selection process (Para 6 , 7)
4. legal estoppel in selection process claims (Para 8)
5. dismissal of writ petition (Para 9 , 10 , 11 , 12)

JUDGMENT :

A.C. BEHERA, J.

1. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner Self Help Group(SHG) along with another against the Opposite Parties praying for quashing (setting aside) the assignment of Operation and Management of Sishu Bhawan Aahar Kendra to the Opposite Party No.5 (Hasnabada SHG, Cuttack) and to issue the Expression of Interest(EOI) in favour of the petitioner SHG for Operation and Management of Sishu Bhawan Aahar Kendra as per the advertisement dated 14.10.2025 on the basis of the highest marks secured by the petitioner cancelling the assignment of Opposite Party No.5 SHG.

2. The factual backgrounds of this writ petition, which prompted the petitioner SHG for filing of the same is that, the Assistant Commissioner-cum-SIO, Cuttack Municipal Corporation, CMC (Opposite Party No.4) published an advertisement inviting the applications of the SHGs for the selection of one SHG among them for the Operation and Management of Sishu Bhawan Aahar Kendra for the financial year 2025-2026 stating in the Expression of Interest No. 1465 (Annexure-3) that, the interested applicant SHGs 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-3), the petitioner SHG submitted its application.

In that EOI vide Annexure-3, it was reflected that, bids of the applicants(SHGs) 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-5, the opening of the bids on dated 28.10.2025 was postponed and the date of opening of the bids was fixed to 01.11.2025.

Accordingly, on the aforesaid scheduled date and time as per Annexure-5, the bids 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 along with other applicant SHGs and on the basis of the criterias indicated in EOI dated 14.10.2025 vide Annexure- 3, the petitioner (Maa Anapurna SHG, Cuttack) secured 100 marks out of 100 marks, but, the Opposite Party No.5 (Hasnabada SHG, Cuttack) secured 84.82 marks out of 100.

4. Even though, the Opposite Party No.5 (Hasnabada SHG, Cuttack) had secured less marks, i.e., 84.82 marks than the petitioner SHG, but, the petitioner SHG had secured 100 marks, still then, the Selection Committee Members illegally selected to the Opposite Party No.5 SHG on dated 28.11.2025 for the operation and management of Sishu Bhawan Aahar Kendra 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 SHG illegally from its selection as the operator of Sishu Bhawan Aahar Kendra for the year 2025-2026. For which, without getting any way, the petitioner Maa Anapurna SHG 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 cancellation of the assignment to the Opposite Party No.5 for the operation and management of Sishu Bhawan Aahar Kendra and to issue the Expression of Interest(EOI) in favour of the petitioner for the operation and management of Sishu Bhawan Aahar Kendra.

5. The Opposite Party Nos.3, 4 and 5 filed their counter denying the allegations alleged by the petitioner SHG taking their stands that, as per the advertisement dated 14.10.2025, the petitioner SHG and the Opposite Party No.5 along with other SHGs had made their appl

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