Selection criteria for Asha workers must be strictly adhered to, allowing relaxation only when no suitable candidates are available.

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

1. The petitioner is before this Court calling in question a resolution which seeks to recommend the appointment of respondent Nos.6 and 7 as Asha workers in Savadi village, Taluka Ron, District Gadag.

2. Heard the learned counsel Sri.H.M.Dharigond appearing for petitioner and learned HCGP-Sri.Kritilatha R. Patil appearing for respondents No.1 to 4 and learned counsel Sri.Anand R. Kolli appearing for respondent No.7.

3. Facts in brief germane are as follows Asha workers were sought to be appointed in precincts of the Gram Panchayat. In furtherance thereof the 2^nd respondent the Director of the National Rural Welfare Services, notifies certain guidelines for appointment of the aforesaid workers. Pursuant to the notification of the said guidelines, respective Gram Panchayat issued certain further guidelines seeking for appointment of Asha workers. The issue in the lis revolves thereon. The petitioner and respondent Nos.6 and 7 among other the finding themselves eligible pursuant to the notification applied for the post of Asha worker in the aforesaid village. After the process of selection, it transpires that the Gram Panchayat resolves to recommend the names of the respondent Nos.6 and 7 to be appointed as Asha workers. The recommendation has driven the petitioner to the doors of this Court.

4. Learned counsel Sri.H.M.Dharigond representing the petitioners would vehemently contend that even the recommendation of the respondent Nos.6 and 7 is contrary to the guidelines issued by the State for the purpose of selection of Asha worker, which clearly depicts, a worker should be between 25 to 45 years, apart from the fact that they should be married. The ones, who are now sought to be selected by the resolution/recommendation are 18 years and 24 years respectively, which according to the learned counsel is contrary to the notification.

5. Learned counsel Sri.Anand R. Kolli representing the respondent No.7 would however seek to defend the action on the score that it is only a recommendation and the direction will issued to the respondent No.2 or the respondent No.4 as the case would be to consider in terms of the guidelines.

6. Learned HCGP would also seek to defend the action of recommending respondent Nos.6 and 7 on the score that the guidelines permit relaxation of age and educational qualification. Therefore would seek dismissal of the petition.

7. I have given my anxious consideration to the submissions made by the learned counsel appearing for the parties and have perused the material on record.

8. The afore-narrated facts are not in dispute. The issue revolves around the selection criteria for the post of Asha worker in the village aforesaid as notified. I therefore deem it appropriate the notice of criteria for selection, it reads as follows:

• The educational and age criteria can be relaxed if no suitable woman with this qualification is available in the area and among that particular vulnerable group.

• A balance between representation of marginalized and education should be maintained.

• She should have family and social support to enable her to find the time to carry out her tasks.

• Adequate representation from disadvantaged population groups should be ensured to serve such groups better.

• Existing women community workers under other schemes like-urban ASHs or link workers under NRHM or RCH II, JnNURM, SJSRY etc. may be given preference provided they meet the residency, age and educational criteria mentioned above and are able to provide time for their activities”

9. The criteria of selection would be that the Asha worker must be a woman, resident of a slum or vulnerable class belonging to that particular village. She should be married or widow or lady divorced or separated and, preferably in the age group of 25 to 45. No doubt the educational qualification and age criteria, as submitted by the learned HCGP, can be relaxed. It cannot be the norm. It can only be when there is no s