The importance of EPIC or Ration Card as proof of residence for appointment as an ASHA worker.

JUDGMENT

Krishna Rao, J. - The writ petitioner has filed the instant writ application praying for modification of the order passed by the District Magistrate, Malda dt. 16.01.2014 wherein the District Magistrate, Malda has passed the following order:-

'Perused the report of the District Controller of Food and Supplies, Malda, DCFS Malda in his memo no. 2681/DCF(M)/13 dtd. 26/12/13 has stated that date of transfer of ration card should be treated as the effective date of permanent residence.

Considering all the above fats the following points can be stated- 1. As per report of SDO (S) vide memo no 3291/SDO(S) dtd. 16/12/2013 the name of respondent no 6 could not be found in part no 74 of Manichak AC in the draft Electoral Roll-2007 published on 14.11.2007 2. As per report of DCFS, Malda date of transfer of ration card should be treated as effective date of permanent residence. Since the ration card of private respondent no 6 was not tagged before 23/12/13 i.e, the date of interview, hence private respondent no 6 cannot be considered as a permanent resident of village Eiahitaia, Manikchak under Gopalpur health sub-centre during the period in question.

I, Shri Sharad K. Dwivedi dispose of the matter by directing C.M.O.H Malda that private respondent no 6 Antahura Bibi should be discontinued as ASHA worker of Gopalpur Health Sub-Centre of Manikchak Dev. Block. C.M.O.H Malda is hereby directed to thereby fill up the vacancy as per government guidelines.'

2. Mr. Mohammed Yunus Ali representing the petitioner contended that in the year 2007, a notice was published for engagement of Accridited Social Health Activities (hereinafter called 'ASHA') against every thousand population. The petitioner being eligible had applied for the same. After the selection process, the petitioner came to know that the private respondent who was selected as ASHA worker is not having any document to establish that she is the permanent resident of the concern village.

3. Being aggrieved with the engagement of the private respondent, the petitioner had filed a writ application before the cordinate bench of this Court being WP No. 13901(W) of 2009 (Golenur Khatun (Bibi) -Versus- State of West Bengal & Ors.). The said writ petition was disposed of vide order dt. 05.02.2010 by passing the following order:-

'The learned counsel, appearing for the respondent No. 6, was unable to disclose any evidence in rebuttal of the allegations contained in the representation dated 2nd July, 2009, a copy whereof is Annexure 'P7' to this writ petition.

It is, therefore, directed that the respondent No. 4 shall hear the parties and shall pass a reasoned order, in accordance with law, within four weeks from the date of communication of this order. In the event, the contention of the writ petitioner is upheld, appropriate relief shall be granted to her.

This writ petition is, therefore, disposed of.'

4. In compliance of the order passed by Cordinate Bench of this Court dt. 05.02.2010, the Block Development Officer had passed the following order on 22.03.2010:-

'On examination of the relevant papers and record produced by Antahara Khatoon (Bibi) it is evident that her marriage was held on 03.06.2001 with Md. Tojihar Rahaman of village Elahitola P.O. Sahabattola P.S. Manikchak Dist. Malda according to contents of her Marriage Registration Certificate no. 78 dated 03.06.2001 and since then she has been living there with her husband and children on the permanent basis. On the other hand the prodhan Gopalpur Gram Panchayet has issued a certificate on 13.12.2007 stating that the Antahara Khatun (Bibi) has been residing as a permanent resident at Village Elahitala within Gopalpur G.P. The above noted two (2) Nos. Documents instead of Ration Card and Epic are enough to prove the permanent resident in respect of Antahara Khatun (Bibi) opposite party, for having an appointment to the pos of 'ASHA'.

Considering all these matters and in conformity to the Govt. notification vide D.O. No. HSL (Misc) 156(5