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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. factual background of asha appointment and challenges. (Para 1 , 2) |
| 2. guidelines and responsibilities of ashas. (Para 3 , 4 , 5) |
| 3. procedures for de-recognition of ashas. (Para 6 , 7 , 8) |
| 4. legal authority of appointment versus de-recognition. (Para 9 , 10) |
| 5. decision on the legality of de-recognition. (Para 11 , 12) |
| 6. final order regarding reinstatement of the petitioner. (Para 13 , 14 , 15 , 16) |
Judgment :
A.C. Behera, J.
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 Authori
De-recognition of an Accredited Social Health Activist requires adherence to procedural guidelines, reflecting the authority of the Gram Sabha in appointment matters.
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.
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 upheld the termination of an Anganwadi Worker based on valid grounds, emphasizing the importance of adherence to government guidelines and the unsuitability of disputed facts for writ juris....
The court established that educational authorities must adhere to statutory procedures and principles of natural justice when taking drastic actions against educational institutions.
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