Seva Self Helf Group vs State Of Odisha And Others ... Opposite ...
2025 Latest Caselaw 3885 Ori

Orissa High Court

Seva Self Helf Group vs State Of Odisha And Others ... Opposite ... on 12 February, 2025

Author: G. Satapathy

Bench: G. Satapathy

     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,                 ...        Petitioner
  Jagatsinghpur
                             -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

(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

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. 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

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

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.

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

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

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

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 book keeping including maintenance of meeting register, cash book, updated pass book among others."

In addition, the DLSC has also taken into

account the specific eligibility criteria for selection of

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.

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

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.

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

Signed by: KISHORE KUMAR SAHOO

Location: High Court of Orissa Date: 12-Feb-2025Orissa High Court, Cuttack, 11:11:56 th Dated the 12 day of February, 2025/Kishore