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ORISSA HIGH COURT
OMM MAA MANGALA SHG CUTTACK – Appellant
Versus
STATE OF ODISHA – Respondent
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
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 selection process estops unsuccessful candidates from contesting the selection outcome, and the selection committee's decision is final and binding.
Participation in a public selection process constitutes acceptance of the terms, barring subsequent challenges to the outcome based on alleged irregularities.
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....
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.
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 decisions must comply with natural justice, ensuring the affected party is given a fair chance to respond before adverse actions are taken.
The engagement of a suitable self-help group for supplying THR must justify the exclusion of previously recommended candidates based on rational and documented criteria.
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