De-recognition of an Accredited Social Health Activist requires adherence to procedural guidelines, reflecting the authority of the Gram Sabha in appointment matters.

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 Authority since 03.09.2021 and she (petitioner) was rendering her services to the villagers of Nuapatna as ASHA to the satisfaction of all the villagers of Nuapatna without dereliction of her duties. The inhabitants of Nuapatna were fully satisfied upon the services of the petitioner as their ASHA. During continuance of rendering services as ASHA by the petitioner, in a Criminal Case, vide Sahadevkhunta P.S. Case No.56 of 2023 under Sections 452, 326(A), 302, 417, 494, 120-B, 212 r/w 34 of the IPC, 1860 and Section 4(2) of the Poisons Act and Section 3(2)(v) of the SC & ST (POA) Act, 1989, she (petitioner) was arrested on dated 26.06.2023 and remanded to the jail custody. Subsequent thereto, as per the order of this Court passed on dated 24.11.2023 in CRLA No.824 of 2023, she (petitioner) was released on bail. But, when after her release on bail, she (petitioner) worked as ASHA of village Nuapatna as before, the Superintendent-cum-Medical Officer, Iswarpur C.H.C. (O.P. No.4) did not allow her to discharge her duties as ASHA of village Nuapatna on the ground of her detention in jail custody for more than 48 hours in connection with the above Sahadevkhunta P.S. Case No.56 of 2023. On dated 21.12.2023, the O.P. No.5 (A.N.M., Iswarpur C.H.C.) issued notice as per Annexure-1 inviting applications for the selection of a new ASHA for the said village Nuapatna in place of the petitioner. Then, on dated 08.01.2024, the petitioner as well as the villagers of Nayapatana (Nuapatna) submitted a representation (Annexure-2) before the O.P. No.3 (CDMO, Balasore) requesting him to allow the petitioner for discharging her duties as ASHA of village Nuapatna as before, as she (petitioner) was working as ASHA of their village without any dereliction of her duties and her performances as ASHA was satisfactory to the full satisfaction of the villagers of Nayapatana (Nuapatna).

On dated 04.01.2024 as per Annexure-3, the local Sarpanch of Kandagaradi Gram Panchayat requested O.P. No.3 (CDMO, Balasore) to allow the petitioner for her continuance of her duties as ASHA of village Nuapatna as before. Because, the villagers of Nuapatna were fully satisfied upon her services as ASHA.

Again on dated 20.01.2024, the petitioner submitted an application before the CDMO, Balasore (O.P. No.3) praying for allowing her to continue her works as ASHA of village Nuapatna.

When, the O.P. Nos.3 & 4 did not consider to the aforesaid applications of the petitioner, the villagers of Nuapatna and local Sarpanch, then the petitioner approached this Court by filing a writ petition vide W.P.(C) No.2227 of 2024 against the O.Ps praying for a direction to the O.Ps to allow her to continue her works as ASHA of village Nuapatna under Kandagaradi G.P. in Oupada Block of Balasore District.

As per final order dated 07