The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.9078 of 2024 (An application under Articles 226 & 227 of the Constitution of India) Seva Self Helf Group, Jagatsinghpur … Petitioner -versus- State of Odisha and others … Opposite Parties For Petitioner : Mr. S.P.Jena, Advocate For Opposite Parties : Mr. B.P.Nayak, AGA Mr.D.P.Mohanty, Advocate for OP No.6 CORAM: HON’BLE MR. JUSTICE G. SATAPATHY DATE OF HEARING :12.11.2024 DATE OF JUDGMENT:12.02.2025 G. Satapathy, J. 1. The petitioner has filed this writ petition by invoking the jurisdiction of this Court under Articles 226 & 227 of the Constitution of India praying to quash the decision dated 22.01.2024 passed by the District Level Selection Committee (in short, “DLSC”) selecting OP No.6 to supply hospital diet at DHH, Jagatsinghpur W.P.(C) No.9078 of 2024 Page 1 of 12 (Annexure-9) and to select the petitioner-Seva SHG for supply of the same and issue work order in its favour. 2. The facts in precise are that the petitioner-Seva Self Help Group is a registered Self Held Group having formed in the year 2006 and engaged in providing Diet at DHH, Jagatsinghpur w.e.f. 31.01.2020. However, on 16.05.2023, an advertisement was issued inviting expression of interest (EOI) from eligible and willing Women SHGs/SHG Federation for Supply of Hospital Diet and Management of Help Desk at DHH under Health and Family Welfare Department enclosing the specific eligibility criteria to submit their proposal before the concerned CDPO in the prescribed format within 15 days of the notice and the last for submission of proposal has been fixed to 30.05.2023 by 5PM. Accordingly, the petitioner-SHG having the eligibility criteria applied for the same through its Secretary along with other SHGs. The DLSC being authorized to select the SHG for the aforesaid purpose had held its meeting on 22.01.2024 at 3PM and recommended the W.P.(C) No.9078 of 2024 Page 2 of 12 name of OP No.6, an another SHG for supply of Hospital Diet for DHH, Jagatsinghpur by rejecting the application of other participating SHGs. The petitioner, however, claims that its application has been rejected arbitrarily and illegally without considering its eligibility, but OP No.6 was selected due to political influence. The petitioner has filed this writ petition challenging its illegal rejection and selection of OP No.6. 3.
Legal Reasoning
In the course of hearing, Mr.Swayam Prabhu Jena, learned counsel for the petitioner has submitted that the rejection of the claim of the petitioner is mainly based on four grounds; (i) the petitioner-SHG is not included in any Federation like CLF, GPLF, BLF, (ii) it has not taken any bank loan, (iii) it is not having regular savings, collection and deposit and (iv) it has not supplied Hospital Diet at DHH, Jagatsinghpur, but the petitioner is a certified and bonafide SHG and taking of any bank loan has not been prescribed as a eligibility criteria, however, the rejection of the candidature of the petitioner is also for not having an W.P.(C) No.9078 of 2024 Page 3 of 12 active bank account, but the petitioner is not a bank loan defaulter. Further, it is submitted that the grounds under which petitioner has been disqualified are not available in eligibility criteria, however, merely because the petitioner has not taken any loan from the bank, its application cannot be rejected as a loan defaulter. Further, Mr.Jena has submitted that the performance and activities of the petitioner-SHG are not low and their performance is satisfactory. It is also submitted that the petitioner is quite eligible as it has supplied Hospital Diet at DHH, Jagatsinghpur w.e.f. 01.02.2019 till issuance of Annexure-5 which is found established from Annexure-5 as issued by DMO(MS)-cum- Superintendent DHH, Jagatsinghpur. It is, therefore, very clear that the petitioner has been illegally discriminated in the selection procedure adopted by the DLSC who illegally recommend the name of OP No.6 for the work which ultimately led the authority to issue work order in favour of OP No.6, but fact remains that the petitioner is still continuing and providing Diet by W.P.(C) No.9078 of 2024 Page 4 of 12 the interim order passed by this Court on 16.04.2024. In summing up his argument, Mr.Jena has prayed to quash Annexure-9 by issuing fresh work order in favour of petitioner-SHG. 3.1. In reply, Mr.,B.P.Nayak, learned AGA has submitted that pursuant to an advertisement issued under Annexure-7, seven SHGs applied to the CDPO, Jagatsinghpur and in terms of the guidelines, the DLSC being headed by Chief Development Officer and taking into consideration the selection criteria has found OP No.6 not only eligible, but also successful to do the work, however, since the petitioner-SHG was not included in any Federation like CLF, GPFL and BLF as required for selection of SHG for supply of Diet in terms of guidelines and the petitioner having not taken any bank loan and no records having been found showing regular savings, collection and deposit by the petitioner, the DLSC rightly rejected the application of the petitioner which does not suffer from any infirmity. W.P.(C) No.9078 of 2024 Page 5 of 12 Accordingly, Mr.Nayak has prayed to dismiss the writ petition. 3.2. On the other hand, Mr.D.P.Mohanty, learned counsel appearing for OP No.6 reiterating and supporting the submission of learned AGA has further submitted that the petitioner in addition to aforesaid short comings is also not found to have established sound book keeping and record maintaining and the performance of the petitioner being not only low, but also poor and the petitioner being not an active organization, the DLSC has rightly rejected the application of the petitioner for the work and, therefore, the petitioner being not eligible and OP No.6 being successfully applied for the work, the decision of the DLSC cannot be considered to be illegal or arbitrary and
Decision
consequently the writ petition is liable to be dismissed. 4. Admittedly, the District Social Welfare Officer, Jagatsinghpur vide letter no. 192 dated 16.05.2023 under Annexure-7 invited expression of interest from interested Women Self Help Groups(WSHGs)/SHG W.P.(C) No.9078 of 2024 Page 6 of 12 Federation having the willingness, aptitude to take up the activity under Health and Family Welfare (H&FW)Department to submit their proposal before the concerned CDPO in the format prescribed within 15 days of issuance of the notice closing on 30.05.2023 by 5PM and it is further stipulated therein that such SHG should be from the same GP where they propose to take up the activity. In pursuance to the aforesaid notice issued under Annexure-7, the Petitioner along with other SHGs have applied for the said purposes, but out of seven applications received from SHG, only six SHGs participated in the scrutiny process and the DLSC vide its proceeding dated 22.01.2024 selected OP No.6 to supply hospital diet at DHH, Jagatsinghpur. For better clarity and appreciation, the operative part of the proceeding by which OP No.6 was selected, are extracted as under:- “The committee members examined rest six nos. of SHG applications as per above mentioned selection criteria. The SHG wise detailed analysis report placed at annexure-1 as per the decision of District Level Selection Committee Udash SHG, Galupada selected to W.P.(C) No.9078 of 2024 Page 7 of 12 supply of Hospital diet at DHH jagatslnghpur due to above one year experience in food related activity along with highest saving money as compared to other empanelled SHG i.e Maruti SHG, Galupada. A panel list is also prepared. The committee recommends to the panel to be approved by Collector, Jagatslnghpur.” 5. In the aforesaid proceeding, the DLSC has considered the joint guidelines issued by Mission Shakti and H & FW Department vide letter no. 30953 dated 18.11.2021 prescribing the common criteria for selection of SHG/SHG Federation and the DLSC has taken into account the following guidelines in its proceeding:- “I. SHG proposed for supply of hospital diet include SHG federations. II. SHG must have completed one year from the date of formation. III. SHG should belong to the same block where they propose to take up the activity. IV. SHG must have an active bank account. V. SHG must not be a bank defaulter. VI. SHG must have undertaken regular and systematic including maintenance of meeting register, cash book, updated pass book among others.” keeping book In addition, the DLSC has also taken into account the specific eligibility criteria for selection of W.P.(C) No.9078 of 2024 Page 8 of 12 SHG/SHG Federation which was prescribed at the time of inviting EOI and the same reads as under:- “1. SHG should have been undertaken any economic activity at least for one year. 2. SHG should have registration certificate under Food Safety Act/obtain the registration certificate before commencing the activity as per law. 3. Prior experience in food related activity may be preferred.” 6. In its proceeding at Annexure-7, out of the six valid SHG applications received, the DLSC has found four to be not selected and out of the rest two, one is selected and other one is empanelled, but the dispute in this writ petition is with regard to non- selection/disqualification of the petitioner as found from the remarks stated in tabular form prepared by DLSC wherein the following reasons have been assigned for disqualification of the petitioner:- “1. The Petitioner-SHG has not been included in any federation like CLF, GPLF, BLF as per their address mentioned in application form Mandasahi GP. 2. Till date they have not taken any Bank Loan. 3. No records found in regular savings, collection and deposit by the SHG members. W.P.(C) No.9078 of 2024 Page 9 of 12 4. The SHG having now supplied Hospital diet at DHH Jagatsinghpur.” 7. The aforesaid grounds for not selecting the Petitioner-SHG has not been included in the eligibility criteria for selection of SHG/SHG Federation which would be very clear on a comparative reading of the eligibility criteria as stated in the preceding paragraph- 5 and the grounds of disqualification as stated in paragraph-6. Further, nowhere in the specific eligibility criteria, it has been stated that the Petitioner must have been included in any federation like CLF, GPLF, BLF nor any mandatory requirement is prescribed therein for the SHG to take any Bank loan, so also maintaining records of regular savings, collection and deposit by the SHG members has been made as the eligibility criteria in the EOI. It was only prescribed in the eligibility criteria that the SHG should have undertaken any economic activity at least for one year, it should have registration certificate under Food Safety Act/such registration certificate should have been obtained before commencing the activity as per law and W.P.(C) No.9078 of 2024 Page 10 of 12 prior experience in food related activity may be preferred. It is, therefore, very clear that the non- selection of the Petitioner was discriminatory, but not for failing to meet the eligibility criteria. 8. This Court, however, does not want to comment about the selection of other two SHGs or empanelment of OP No.6 out of the two SHGs because no material was produced to question their selection by either of the parties. Be that as it may, there shall not be any discrimination by the State which flows from Article 14 of the Constitution of India which prescribes the equality before law and the said Article makes it very clear that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. It is also made mandatory by Article 16(1) of the Constitution of India that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. W.P.(C) No.9078 of 2024 Page 11 of 12 9. On a consideration of the facts together with the selection list as prepared by the DLSC being in breach of Article 16 is liable to be quashed and is accordingly, quashed. The matter is again remitted back for fresh consideration of all the six applications received from SHGs strictly inconsonance with the eligibility criteria fixed. The aforesaid exercise be completed within a period of thirty (30) days from the date of receipt of copy of this order. 10. In the result, the writ application stands allowed to the extent indicated above. Consequently, the selection made by DLSC vide its proceeding dated 22.01.2024 is hereby quashed and the DLSC is directed to prepare a fresh selection list of SHG strictly inconsonance with the eligibility criteria fixed without being influenced by the earlier selection list. (G. SATAPATHY) JUDGE Signature Not Verified Digitally Signed Signed by: KISHORE KUMAR SAHOO Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 12-Feb-2025 11:11:56 Orissa High Court, Cuttack, Dated the 12th day of February, 2025/Kishore W.P.(C) No.9078 of 2024 Page 12 of 12