Back
2025 Supreme(Gau) 1587
THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY, J.
Sankari Bala Das, W/o- Sushil Kr. Das And Ors. – Petitioners
Versus
The State Of Assam, Rep. By The Commissioner And Secretary To The Govt. Of Assam, Health And Family Welfare Deptt.
And Ors. - Respondents
WP(C) No.2003 of 2022
Decided On : 04-09-2025
For the Petitioner: Mr. D.P. Chaliha, Mr M. Rana, Ms M. Roy.
For the Respondent: GA, Assam, SC, Health.
Mere inclusion in a merit list does not grant a right to appointment; valid reasons can justify non-engagement even if vacancies exist.
Headnote:(A) Constitution of India - Article 226 - Writ petition seeking Mandamus against revised norms of engagement of ASHA Supervisors by National Health Mission - The revised norm requires 1 ASHA Supervisor per 20 ASHAs, contrary to the previous norm of 1 Supervisor per 10 ASHAs - Petitioners challenged the selection process of ASHA Supervisors citing arbitrary actions by respondent authorities. (Paras 1, 4, 19, 36)
(B) Legal principle regarding selection process - Mere placement in a merit list does not confer an indefeasible right to appointment; there must be valid and bona fide reasons to deny appointment within the zone of consideration. (Paras 36, 38)
Facts of the case:
The petitioners were among many who applied for the post of ASHA Supervisors as per the Advertisement dated 22.10.2008. They participated in a selection process, but the authorities subsequently revised engagement norms leading to fewer selections than anticipated.
Findings of Court:
The petitioners lacked any right to be engaged based on the earlier merit list due to changed norms and insufficient ASHA numbers justifying appointment.
Issues: Whether the petitioners are entitled to engagement as ASHA Supervisors despite the revised recruitment norms and their ranks on merit list.
Ratio Decidendi: The court upheld that the revised engagement norm by the Government of India was valid, and mere inclusion in the merit list did not guarantee appointment; such decisions were based on operational needs and valid guidelines.
Result: Writ petition dismissed.
| Table of Content |
|---|
| 1. petitioners seek direction against revised engagement norms. (Para 1 , 2 , 3 , 4 , 5) |
| 2. history of selection process for asha supervisors in assam. (Para 6 , 7 , 8) |
| 3. previous court orders affecting asha supervisor selection. (Para 9 , 10 , 11 , 12 , 13) |
| 4. inaction and subsequent merit list preparation for asha supervisors. (Para 14 , 15 , 16 , 17) |
| 5. office letter prompting new engagement process by respondent. (Para 18 , 19) |
| 6. arguments from both parties regarding engagement norms. (Para 20 , 21 , 22 , 23) |
| 7. court's consideration and analysis of submissions. (Para 24 , 25) |
| 8. examination of petitioners' entitlement based on merit list. (Para 29 , 30 , 31 , 32) |
| 9. change in engagement norms justified by revised government guidelines. (Para 33 , 34 , 35 , 36) |
| 10. court's conclusion on the absence of a legal right to appointment. (Para 37 , 38) |
| 11. final dismissal of the writ petition with no costs. (Para 39) |
JUDGMENT :
MANISH CHOUDHURY, J.
1. The petitioners, 13 [thirteen] in nos., have joined together to institute the present writ petition under Article 226 of the Constitution of India inter alia seeking a direction in the nature of Mandamus to the respondent authorities not to give effect to the revised norms of engagement of ASHA Supervisors [Facilitators], conveyed through an Office Letter bearing no. NHM-31017/1/2020-HRD-NHM/32948 dated 25.01.2022 by the Mission Director, National Health Mission [NHM], Assam [the respondent no. 5] to the Deputy Commissioner-cum-Chairman, District Health Society, South Salmara District [the respondent no. 2], for completing the engagement process of ASHA Supervisors [Facilitators] in respect of Gazarikandi Block Public Health Centre [Gazarikandi BPHC, for short].
2. The case has a history of prolonged litigations. This round of litigation is the fourth round.
3. The genesis of the petitioners’ claim is traceable to an Advertisement dated 22.10.2008 published by the Mission Director of erstwhile National Rural Health Mission [NRHM], which nomenclature is subsequently changed to National Health Mission [NHM], in the newspapers.
4. The National Rural Health Mission [NRHM] was launched by the Government of India to address the health needs of rural population and vulnerable sections of the society. A Scheme was formulated under the Mission envisaging creation of new bond of community based functionaries named as Accredited Social Health Activists [ASHA] to admit to the health related demand of the deprived section of the population, especially women and children, who find it difficult to access health services. The Scheme envisaged engagement of Supervisors [Facilitators] in each Block over ten [10] ASHAs, who should preferably be women. The Government of India used to issue guidelines from time to time laying down the criteria for selection of ASHAs and ASHA Supervisors [Facilitators].
5. The Government of India also envisaged the role of the ASHA Supervisors [Facilitators]. The ASHA Supervisors [Facilitators] would interact with the community by conducting Focused Group Discussions [FGDs] / workshops of the local Self-Help Groups [SHGs], etc. which would lead to awareness of roles and responsibilities of ASHA and acceptance of ASHA as a concept in the community.
6. The Advertisement dated 22.10.2008, published by the Mission Director, NRHM, Assam, was meant for engagement of ASHA Supervisors [Facilitators] throughout the State of Assam. In response to the Advertisement, more than 34,000 applications were received. The candidates from Gazarikandi BPCH also responded to the Advertisement and the petitioners in this writ petition were among them.
7. In the Advertisement it was mentioned that a candidate must have the qualification of Higher Secondary Examination pass and preference would be given to those candidates who had at least two years’ experience of working with an NGO. The monthly fixed remuneration for such ASHA Supervisors [Facilitators] was fixed at Rs. 3,500/-. Scrutiny of app
