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SASHIKANTA MISHRA
A. F. R. Namita Patra – Appellant
Versus
State of Odisha – Respondent
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 suitab
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.
The authority to de-recognize an Accredited Social Health Activist lies solely with selecting authorities, and proper procedures must be followed, failing which such orders are deemed invalid.
De-recognition of an Accredited Social Health Activist requires adherence to procedural guidelines, reflecting the authority of the Gram Sabha in appointment matters.
Non-speaking cancellation of selection process for technical irregularities without prejudice is arbitrary and invalid; must provide reasons and notice.
Point of Law : It is open for the authority concerned not to fill up vacancies but such decision should not be arbitrary or unreasonable.
The main legal point established in the judgment is that cancellation of selection and issuance of fresh advertisement in public employment must be justified with valid reasons, and arbitrariness has....
The recruitment process cannot be altered post-advertisement; candidates retain rights if the selection was conducted properly.
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