IMPORTANT POINT
The cancellation of a selection process must be based on valid reasons and cannot be arbitrary; failure to provide such reasons renders the cancellation unlawful.

JUDGMENT

Sashikanta Mishra, J.

The Petitioners being aggrieved by the cancellation of their selection as Accredited Social Health Activists (ASHA) have approached this Court seeking the following relief;

'Under the facts and circumstances stated, the petitioners therefore pray that this Hon'ble Court may graciously pleased to issue notice to the opposite parties, call for the record and upon hearing the parties to this writ application, this Hon'ble Court may further be pleased to isuse a writ in the nature of mandamus or any other appropriate writ/writs by quashing the notice of cancellation under Annexure-3 and further be pleased to direct for appointment of the petitioners as ASHA in respect of Ward Nos.3,7,8,11 and 12 under Bhuban N.A.C. for the ends of justice.'

2. The facts of the case, briefly stated, are that an advertisement was issued on 13.8.2021 by the ANM, CHC, Bhuban, inviting applications from eligible candidates for engagement as ASHA in different Wards under Bhuban Notified Area Council (N.A.C.). The Petitioners were among the several applicants. A selection process was undertaken and in the meeting of the Committee held on 27.10.2021, the Petitioners were found suitable and selected for engagement as ASHA in different Wards. They were directed to join on 28.10.2021 telephonically, but when they went to submit their joining reports before Opposite Party No.3, same were refused to be accepted on the ground that the matter had been stayed. The Petitioners approached the CDM and PHO, Dhenkanal (Opposite Party No.2), who assured them that steps have been taken to give them appointment for which they waited bonafide. Subsequently, they came to know that their selection had been cancelled vide Notice dated 07.12.2021. The Petitioners submitted representation on 13.1.2022, but the same was not considered. Under such circumstances, the Petitioners have approached this Court in the present Writ Petition.

3. Counter affidavit has been filed on behalf of Opposite Party No.2. It is stated that the Petitioners and others were selected for engagement as ASHA in different Wards. But while the matter was under consideration at the District level for final approval, a grievance petition dtd.31.10.2021 of one Deepa Malik and one Sabitri Nayak of Bhuban Block was received. Accordingly, the Opposite party No.2 was requested to take appropriate action in the matter. He formed an Enquiry Committee comprised of three District Level Staff, who enquired into the mater on 12.11.2021 in presence of the Medical Officer-in-charge, CHC, Bhuban and the complainants and submitted report on 20.11.2021. On the basis of the remarks and opinion of the Enquiry Committee, the notice of selection of ASHA was cancelled. It is further stated that the finding of the Enquiry Committee, inter alia, was that the selection sub-committee had not finalized the ASHA service area mapping and that the last date of submission of application was on 22.8.2021 (Sunday) for which the applicants were unable to submit their application forms. In short, it was contended that the selection process had not been conducted as per the guidelines.

4. The Petitioners have filed rejoinder seeking to refute the averments made in the counter. It is stated that the reason cited for cancellation of the notice, i.e. non-mapping of service area of ASHA, is contrary to facts as the area had in fact been mapped. The Petitioners were selected by a duly constituted selection committee and the selection was made strictly as per the guidelines.

5. Heard Mr. P.K.Panda, learned counsel for the Petitioners and Mr. A.R.Dash, learned Addl. Government Advocate for the State.

6. Mr. Panda would argue that the authorities most illegally cancelled the notice of the selection of the Petitioners without ascribing any reason. Therefore, subsequently they cannot be allowed to justify such action by supplying reason in the counter filed by them before this Court. Even then, the reasons cited in the counter af