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IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, C.J., MURAHARI SRI RAMAN
Anjana Das – Appellant
Versus
State of Odisha Represented through Additional Chief Secretary Health and Family Welfare Department – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2) |
| 2. arguments from both parties (Para 3 , 4 , 5) |
| 3. court's observations on evidence and guidelines (Para 6) |
| 4. court's reasoning regarding resident status and selection (Para 7) |
| 5. conclusion on the legality of the learned single judge's decision (Para 8 , 9 , 10) |
JUDGMENT :
MURAHARI SRI RAMAN, J.
This intra-Court appeal preferred under Clause 10 of the Letters Patent Constituting the High Court of Judicature at Patna read with Article 4 of the Orissa High Court Order, 1948 and Rule 6 of Chapter-III and Rule 2 of Chapter-VIII of the Rules of the High Court of Orissa, 1948, is directed against Judgment dated 16th May, 2025 rendered by a learned Single Judge in the writ petition, being W.P.(C) No.34394 of 2023, filed at the behest of one of the applicants for the post of Asha, exercising powers under Articles 226 and 227 of the Constitution of India whereby the decision of the Asha Selection Committee in the Meeting dated 06.10.2023 has been interfered with and, thereby the selection of the appellant (opposite party No.7 in the writ petition) has been quashed.
Facts:
2. Before proceeding with the matter, it would be worthwhile to
The eligibility criteria for Asha selection must be adhered to as per established guidelines; being a daughter-in-law of the village is not required.
Court upheld that without explicit reservation for sports candidates in the recruitment advertisement, a petitioner cannot claim preferential selection based solely on sports status.
Eligibility for appointment must be assessed based on the last date for application submission, not the date of notification, ensuring fairness in the selection process.
The importance of EPIC or Ration Card as proof of residence for appointment as an ASHA worker.
PRC is conclusive proof of district residence for cadre eligibility; married woman's claim requires husband's PRC from concerned district, overriding affidavits, enquiries or physical residence claim....
The central legal point established in the judgment is that the rejection of an application based on non-residential status must be supported by legally tenable reasons.
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