The selection criteria for Asha Workers should be applied uniformly without preferential treatment based on Ward residency unless explicitly stated in guidelines.

JUDGMENT

Dated this the 14^th day of February, 2023 The petitioner challenges Exts.P10 and P11 decisions taken by respondents 3 and 4, which in effect denied appointment to the petitioner as Asha Worker of Ward No.4 in

5^th respondent-Pampakuda Grama Panchayat.

2. The petitioner states that she is a resident of Ward No.3 of Pampakuda Grama Panchayat. The petitioner applied for engagement as Asha Worker in Ward No.4. In the competitive selection process, the petitioner was ranked No.1.

3. Respondents 4 and 5 recommended the name of the petitioner as Asha Worker, as is evident from Exts.P6 and P7. When the selection was finalised, the 3^rd respondent- District Programme Manager issued Ext.P10 communication stating that the authorities have ignored the requirement of preference to be given to the Asha Worker candidates belonging to the same Ward. Based on Ext.P10 communication, the petitioner is not being appointed.

4. Counsel for the petitioner submits that the qualification prescribed for Asha Worker should be a pass in SSLC, should be aged between 25 to 45 years and should be a permanent resident of the Panchayat. There is no requirement or preference to be given based on Wards. When an appointment is to be made in a particular Ward, all residents of the Panchayat should be treated equally. There is no special treatment or preference to be given to candidates belonging to the same Ward.

5. Standing Counsel entered appearance on behalf of the 5^th respondent-Panchayat. The 5^th respondent pointed out that as per Ext.P9 Government Order dated 24.02.2007 and the Guidelines for Accredited Social Health Activist (ASHA) Scheme, an Asha Worker must be primarily a woman resident of the Village/Coastal Areas/Urban Slums-

Married/Widow/Divorced and preferably in the age group of 25 to 45 years. ASHA should have effective communication skills, leadership qualities and be able to reach out to the community. She should be a literate woman with formal education upto 8^th standard. Adequate representation from the disadvantaged population groups should be ensured to serve such groups better. Preference should be given, where possible, to voluntary workers working in the Health System, such as Mahila Swasth Sangh, depending on their past performance. The 5^th respondent has strictly followed the Guidelines attached to Ext.P9 Government Order. Based on the laid down criteria, the petitioner was found to be the most suitable candidate.

6. Standing Counsel entered appearance on behalf of respondents 2 and 3. The Standing Counsel controverted all the material allegations made by the petitioner in the writ petition. On behalf of respondents 2 and 3, it was submitted that from Ext.P13 Circular, it is evident that the preference should be given to the resident of the Ward in which the post of Asha Worker is to be filled up. The very nature of the work of Asha Worker requires extensive travel in the Wards concerned. Asha Workers are women workers aged between 25 and 45. Therefore, it will be advisable that Asha Worker in a particular Ward is appointed from the very same Ward. These are the reasons, based on which Ext.P10 letter was issued.

7. The Standing Counsel for respondents 2 and 3 further submitted that ultimately it is for the Panchayat Committee to appoint Asha Workers. In the matter of selection of Asha Workers, respondents 2 and 3 have no role. Ext.P10 letter was issued to the Medical Officer in Charge of Pampakuda Grama Panchayat.

8. I have heard the learned counsel for the petitioner, the learned Government Pleader representing respondents 1 and 4 and the respective Standing Counsel representing respondents 2, 3, 5 and 6.

9. The qualifications prescribed for appointment of Asha Worker can be seen from Ext.P3. Ext.P3 states that a candidate applying for the post of Asha W