IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK AGARWAL th ON THE 20 OF FEBRUARY, 2024 WRIT PETITION No. 3951 of 2023 BETWEEN:-

1. S M T . ASMA BANO W/O SABBIR KHAN OCCUPATION: ASHA WORKER R/O VILLAGE KERBANA, TEHSIL AND DISTRICT- SAGAR (MADHYA PRADESH)

2. SMT. SADHNA CHADHAR W/O NARENDRA CHADHAR OCCUPATION: ASHA WORKER R/O VILLAGE PARSORIYA, TEHSIL AND DISTRICT SAGAR (MADHYA PRADESH)

3. SMT. ANJU YADAV W/O LAXMINARAYAN YADAV OCCUPATION: ASHA WORKER R/O VILLAGE PARSORIYA, TEHSIL AND DISTRICT SAGAR (MADHYA PRADESH)

4. SMT. MANORAMA KURMI W/O RAMJI KURMI OCCUPATION: ASHA WORKER R/O VILLAGE BHAISWAHI, TEHSIL AND DISTRICT SAGAR (MADHYA PRADESH)

5. SMT. KALPNA AHIRWAR W/O MANOJ AHIRWAR OCCUPATION: ASHA WORKER R/O VILLAGE PARSORIYA, TEHSIL AND DISTRICT SAGAR (MADHYA PRADESH)

6. SMT. PRIYANKA GOND W/O MANOJ GOND OCCUPATION: ASHA WORKER R/O VILLAGE BADARCHUA, TEHSIL AND DISTRICT SAGAR (MADHYA PRADESH)

7. SMT. POOJA PATEL W/O MADHAV PATEL OCCUPATION: ASHA WORKER R/O VILLAGE BAMHORI RENGUWA, TEHSIL AND DISTRICT SAGAR (MADHYA PRADESH)

8. SMT. MANISHA BANSAL W/O NEERAJ BANSAL OCCUPATION: ASHA WORKER R/O VILLAGE SAIKHEDA, TEHSIL AND DISTRICT SAGAR (MADHYA PRADESH)

Signature Not Verified Signed by: AMITABH

9. SMT. DEVI PATEL W/O C.P.PATEL OCCUPATION:

ASHA WORKER R/O VILLAGE PATKUI, TEHSIL AND DISTRICT SAGAR (MADHYA PRADESH)

.....PETITIONERS (BY SHRI K.S. RAJPOOT - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH THE PRINCIPAL SECRETARY PUBLIC HEALTH AND FAMILY WELFARE DEPARTMENT VALLABH BHAWAN BHOAL (MADHYA PRADESH)

2. THE MISSION DIRECTOR NATIONAL HEALTH MISSION 8, ARERA HILLS BHOPAL (MADHYA PRADESH)

3. THE COLLECTOR SAGAR DISTRICT-SAGAR (M.P)

(MADHYA PRADESH)

4. CHIEF MEDICAL AND HEALTH OFFICER SAGAR DISTRICT-SAGAR (M.P) (MADHYA PRADESH)

5. BLOCK MEDICAL OFFICER BLOCK SHAHPUR DISTRICT-SAGAR (MADHYA PRADESH)

.....RESPONDENTS (BY SMT. SONALI VISHWAS - PANEL LAWYER)

This petition coming on for admission this day, the court passed the following:

ORDER

This petition is filed being aggrieved of the order daed 03.02.2023 passed by the Block Medical Education Officer, Development Block Shahpur, district Sagar, preventing the petitioners who were appointed as Aasha Karyakarta from working and a ban was also imposed on their payment.

Petitioner's contention is that some enquiry was conducted behind their back as has been enclosed by the respondents as Annexure R/1 with their return but they were neither given any opportunity of hearing nor were show caused to Signature Not Verified Signed by: AMITABH demonstrate that the material which has been found to be against them is actually rebuttable.

In view of such facts, rejoinder has been filed.

Smt. Sonali Vishwash, learned Panel Lawyer of the State reading para-10 of the return, submits that when the proceedings of appointment of Aasha Karyakarta were void ab-initio, then there was no need to give an opportunity of hearing and it cannot be said that there was violation of any of the principle of natural justice.

After hearing, learned counsel for the parties and going through the records. When State's case is as mentioned in the return that National Health Mission issued guidelines in respect of appointments for Aasha Workers dt. 15.04.2021 which is available on record as Annexure P-1 and thereafter, appointment of Aasha Workers was made for Block Shahpura, District Sagar, then, on receipt of certain complaint, it was observed that the report of the Secretary had not taken into consideration for population of the village for the purpose of number of appointments to be made in respect of Aasha Workers and more number of Aasha Workers were appointed then the numbers required.

Learned Panel Lawyer for the State is not in a position to demonstrate that what was the requirement of Aasha Workers for Shahpura Block and how many Aasha Karyakarta were appointed in excess of the sanctioned strength.

In absence of such material being brought on record, merely saying that the selection itself is void ab-