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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Rasmita Pal @ Rashmita – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. writ petition background and facts of service (Para 1 , 2) |
| 2. court's observations on asha regulations (Para 3 , 5 , 7 , 9) |
| 3. regulations for asha selection and de-recognition (Para 4 , 10) |
| 4. procedures for legal authority in employment (Para 6 , 11) |
| 5. final decision to allow writ petition (Para 12 , 13 , 14) |
JUDGMENT :
A.C. BEHERA, J.
1. This writ petition under Articles 226 & 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the impugned letter/order dated 01.05.2024 (Annexure-8) issued/passed by the Superintendent-cum-Medical Officer, Iswarpur C.H.C., Balasore (O.P. No.4).
2. The factual backgrounds of this writ petition, which prompted the petitioner for filing of the same is that, the petitioner is a married woman and she has completed +2 Arts. As per the guidelines of the scheme for the selection of Accredited Social Health Activists (ASHA), she (petitioner) was properly selected as ASHA for village Nayapatana (Nuapatna) of Kandagaradi G.P. under Iswarpur C.H.C. and allowed to work as ASHA of village Nuapatna by the Selecting Authority since 03.09.2021 and she (petitioner) was rendering her services to the villagers of
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.
The importance of EPIC or Ration Card as proof of residence for appointment as an ASHA worker.
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 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.
The court established that compliance with procedural requirements in public appointments is essential, and subsequent policy changes cannot retroactively invalidate prior valid appointments.
The court established that educational authorities must adhere to statutory procedures and principles of natural justice when taking drastic actions against educational institutions.
The court ruled that procedural fairness in document verification necessitates allowing a candidate to fulfill document requirements even post-verification, affirming the legal weight of attested cop....
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