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
| 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
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.
Participation in a public selection process constitutes acceptance of the terms, barring subsequent challenges to the outcome based on alleged irregularities.
The court reinforced that compliance with procedural directives is mandatory in selection processes, emphasizing the principles of natural justice and fair hearing.
The cancellation of a selection process must be based on valid reasons and cannot be arbitrary; failure to provide such reasons renders the cancellation unlawful.
Engagement of Self Help Groups for supply of Take Home Ration is governed by administrative guidelines, and lack of renewal does not constitute an enforceable right, nor does it require a prior notic....
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 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.
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