Maa Anapurna SHG Rep. by Secretary Manosini Dikshit v. State of Odisha
2026-01-28
A C Behera
body2026
DailyLaw.ai
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 .
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 applications to be selected for the operation and management of Sishu Bhawan Aahar Kendra knowing/accepting the conditions in the EOI vide Annexure-3 that, for entering into the selection process, the qualifying mark is 60 out of 100. Accordingly, in the qualifying test, as per the criterias indicated in Annexure-3, the petitioner SHG had secured 100 marks and the Opposite Party No.5 SHG had secured 84.82 marks. As the petitioner SHG as well as Opposite Party No.5 SHG along with some others had secured more than 60 marks in the qualifying test, for which, they were taken into the selection process for consideration. Nowhere in the advertisement dated 14.10.2025 vide Anenxure-3, it was reflected that, the selection will be made basing upon the marks secured in the qualifying test or which SHG will have secured highest marks in qualifying test, that SHG will be selected as the operator of the Aahar Kendra. For which, securing of highest marks in the qualifying test was not the only criteria for selection.
For which, securing of highest marks in the qualifying test was not the only criteria for selection. The Selection Committee Members selected Opposite Party No.5 SHG as per Annexure-I/3 for the operation and management of Aahar Kendra. Accordingly since 01.12.2025, the Opposite Party No.5 has been operating and managing Sishu Bhawan Aahar Kendra without any complain. It was specifically reflected/indicated in the EOI (Annexure-3) that, the findings of the Selection Committee will be final and binding and the same cannot be challenged in any forum thereafter. The intended bidders including the petitioner SHG had submitted undertakings in this regard and knowing the criterias indicated/reflected in the EOI vide Annexure-3, all the applicants including the petitioner SHG participated in the selection process and after being unsuccessful in the said selection, the petitioner SHG has challenged to the process of selection by filing this writ petition. For which, the petitioner SHG is estopped under law to challenge such process of selection. Therefore, the writ petition filed by the petitioner SHG is liable to be dismissed. 6 . I have already heard from the learned counsel for the petitioners, learned counsel for the Opposite Party No.5 learned Standing Counsel for the State and the learned senior counsel for the Opposite Party Nos.3 and 4. 7 . It is the undisputed case of the parties that, the Selection Committee Members have selected to the Opposite Party No.5 SHG for the operation and management of Sishu Bhawan Aahar Kendra and on the basis of the result of such selection, the Opposite Party Nos.3 and 4 authorized to the Opposite Party No.5 SHG for operating and managing Sishu Bhaban Aahar Kendra since 01.12.2025 and accordingly since 01.12.2025, the Opposite Party No.5 SHG has been operating and managing Sishu Bhawan Aahar Kendra. 8 .
8 . When, as per the EOI(Annexure-3), securing of 60 marks was the qualifying marks for entering into the selection process and when, the prime object for assignment of operation and management of the Aahar Kendra to a SHG is for the up-liftment of the down-trodden lady members of the said SHG in order to make them financially independent, socially strengthen and when, the members of the selection committee have selected to Opposite Party No.5 SHG for the operation and management of Sishu Bhawan Aahar Kendra as per Annexure-I/3 only for one year taking financial and other criterias/conditions of the female members of the Opposite Party No.5 SHG into account in order to make the lady members of Opposite Party No.5 SHG, financially independent and socially strengthen for achieving the noble object of the scheme and when, it was specifically indicated in the EOI vide Annexure-3 that, the findings of the Selection Committee Members will be final and binding and the same cannot be challenged in any forum thereafter and when, after knowing/accepting the said criterias indicated in the Annexure-3, the petitioner SHG had participated in the selection process and when, after being unsuccessful in the said selection, the petitioner SHG has challenged the process of selection, then at this juncture, the petitioner SHG is estopped under law to challenge the process of selection through this writ petition. On this aspect, the propositions of law has already been clarified in the ratio of the following decisions:- (i) In a case between D. Saroja Kumari vs. R. Helen Thilakom , 2017 (3) Apex Court Judgments 458 (SC) participating in selection process and after being unsuccessful, the said unsuccessful candidate is estopped from challenging the process of selection. (ii) In a case between Dhanjay Malik and others vs. State of Uttranchal and others , 2008 (2) Apex Court Judgments 196 (SC) once a candidate appears at the interview, he cannot subsequently contend that, the process of interview was unfair. 9 .
(ii) In a case between Dhanjay Malik and others vs. State of Uttranchal and others , 2008 (2) Apex Court Judgments 196 (SC) once a candidate appears at the interview, he cannot subsequently contend that, the process of interview was unfair. 9 . When, the selected SHG, i.e., Opposite Party No.5 has been operating and managing Sishu Bhawan Aahar Kendra since 01.12.2025 successfully without any complain and when, the assigned operation and management of Sishu Bhawan Aahar Kendra is only for one year, then at this juncture, any interference with the process of selection through this writ petition filed by the petitioner SHG shall ultimately defeat/frustrate the noble object of the scheme as well as creation of SHGs inside the State through the lady members. For which, the question of interfering with the process of selection and to disengage the Opposite Party No.5 SHG from the operation and management of Sishu Bhawan Aahar Kendra does not arise. 10 . Therefore, there is no merit in this writ petition filed by the petitioners. The same must fail. 11 . In result, this writ petition filed by the petitioners is dismissed on contest. 12 . As such, this writ petition filed by the petitioners is disposed of finally.