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.

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) against the Opposite Parties praying for quashing(setting aside) the assignment of the Operation and Management of Badambadi Aahar Kendra to the Opposite Party No.6(Mahavir SHG, Cuttack) and to issue the Expression of Interest(EOI) in favour of the petitioner SHG for Operation and Management of the said Badambadi Aahar Kendra as per the advertisement dated 14.10.2025 on the basis of the marks secured by the petitioner SHG as well as its five years experience in the field of distribution of mid-day meal of Badambadi Aahar Kendra along with other curricular activities.

2. The factual backgrounds of this writ petition, which prompted the petitioner SHG for filing the same is that, the Assistant Commissioner-cum-SIO of Municipal Corporation, Cuttack(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 Badambadi Aahar Kendra for the financial year 2025-2026 stating in Expression of Interest No.1465(Annexure-2) 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-2), the petitioner SHG submitted its application. In that EOI vide Annexure-2, 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-3, the opening of the bids, which was scheduled to 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- 3, 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-2, the petitioner (Omm Maa Mangala SHG) secured 90 marks out of 100, but, the Opposite Party No.6 (Mahavir SHG, Cuttack) secured 73.9 marks out of 100. If the other documents of the petitioner (Omm Maa Mangala SHG) as per Annexure-2 would have been taken into consideration, the petitioner SHG should have secured 100 marks out of 100.

4. Even though, the Opposite Party No.6 (Mahavir SHG, Cuttack) had secured less marks, i.e., 73.9 marks than the petitioner SHG and the petitioner SHG had secure 90 marks and even though, the petitioner SHG had five years prior experience in the field of operation and management of mid-day meal of Badambadi Aahar Kendra, whereas, the Opposite Party No.6 SHG had no experience in the same, still then, the Selection Committee Members selected to the Opposite Party No.6 SHG on dated 28.11.2025 for the operation and management of Badambadi 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 such Badambadi Aahar Kendra for the year 2025-2026. For which, without getting any way, the petitioner 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 setting aside the assignment to the Opposite Party No.6 for the operation and managem