Orissa High Court
Chhabirani Pramanik vs State Of Odisha & Others .... Opposite ... on 25 April, 2025
Author: Sashikanta Mishra
Bench: Sashikanta Mishra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C). No. 39358 of 2023
(An Application under Articles 226 & 227 of the Constitution
of India)
Chhabirani Pramanik ...... Petitioner
-Versus-
State of Odisha & Others .... Opposite Parties
_____________________________________________
For Petitioner : Mr. J.Gupta, Advocate,
For Opp. Party : Mr. S.N.Pattnaik,
Additional Government Advocate for
the State.
Mr. S.K.Mallick, Advocate for Opp.
Party No. 6
_______________________________________________________
CORAM:
JUSTICE SASHIKANTA MISHRA
JUDGMENT
25th April, 2025
SASHIKANTA MISHRA, J.
The petitioner in the present writ application seeks
quashment of notice dated 23.11.2023 issued by the
Medical Officer (In-charge), Jaleswarpur and letter dated
29.02.2024 issued by the Block Programme Manager,
CHC Jaleswarpur, Balasore.
2. Originally, by notification dated 10.11.2021, the
Medical Officer of Jaleswarpur CHC in district of
Balasore invited applications from eligible candidates
for engagement as 'ASHA Karmee' in respect of
Sankhamedi and Champabatipatna. The petitioner was
one of the applicants and her name found place in the
select list prepared by the Medical Officer. She was
placed at Sl. No. 2 in the select list. It is alleged that the
present Opposite PartyNo.5 Manjulata Tola, not being a
candidate from the resident village, was illegally
selected. Said Manjulata Tola had obtained two resident
certificates showing her a resident of two different
villages. The petitioner, therefore, challenged such
selection before this Court in W.P.(C). No. 13984 of 2022
seeking direction to the CDMO, Balasore to give her
appointment claiming to be the most eligible candidate.
Considering the submission made on behalf of the
petitioner that the selection process had not concluded,
a Coordinate Bench of this Court, by order dated
06.10.2023, directed the Opposite Party to complete the
selection process within a period of two months.
According to the petitioner, despite such direction of this
Court, the authorities issued the impugned notification.
The petitioner claims to have been prejudiced since, as
per the age requirement, she has become ineligible to
apply having become overaged.
3. The Opposite Party authorities contend that the writ
petition is based on misrepresentation of facts inasmuch
as the selection process initiated pursuant to the
notification dated 10.11.2021 had been cancelled on
29.03.2022 as per the instructions of CDM & PHO,
Balasore on 24.02.2022, which is much prior to the
order passed by this Court in the earlier writ
application. Such fact was not brought to the knowledge
of this Court and wrong submission was made that the
selection process had not been concluded for which this
Court directed the same to be concluded. The petitioner
stood second in the selection list and as per complaint
submitted by her an inquiry was conducted as per the
letter dated 10.02.2022 by the CDMO, Balasore. It was
found in the inquiry that Manjulata Tola for Opposite
Party No.5 had produced multiple resident certificates. It
was also noticed that the existing ASHA Karmee
covering the areas of Analia, Champabani, Patana and
Sankhameda was required to be divided in view of the
population being more than two thousand. Under such
circumstances, it was held that the selection procedure
had not been properly done for which the original
notification dated 10.11.2021 was cancelled and fresh
notice was issued on 23.11.2023. Such selection was
concluded on 23.12.2023, whereby Rashmilata
Pramanik was engaged as ASHA. The petitioner had
never applied pursuant to the fresh selection.
4. Heard Mr. J.Gupta, learned counsel for the petitioner
and Mr. S.N.Pattnaik, learned AGA for the State.
5. Mr. Gupta, referring to the order passed by this Court
in the earlier writ application, would argue that a
specific direction to the authorities being to conclude the
selection process, it was not open to them to go for fresh
selection. Accordingly, the Superintendent, Jaleswarpur
CHC, Bhograi block had requested the Medical Officer,
Jaleswarpur CHC vide letter dated 17.11.2023 to
complete the selection process Opposite Party No.4
however, illegally convened a meeting on 21.11.2023
and issued the impugned advertisement on 23.11.2023
and thereafter, most illegally selected the present
Opposite Party No.6 as ASHA. Mr. Gupta concludes his
arguments by submitting that the entire action of the
authorities is bad in law.
6. Mr. S.N.Pattnaik, learned AGA would argue that
basing on the submissions made by the counsel for the
petitioner in the earlier writ application that the
selection process had not been concluded, this Court in
the earlier writ application directed completion of the
same. However, the petitioner suppressed the fact that
the selection process had already been cancelled on
29.03.2022. This, according to Mr. Pattnaik, amounts to
playing fraud. Mr. Pattnaik, further argues that even
otherwise, a fresh selection process was conducted as
per the guidelines wherein Opposite Party No.6 was
validly selected. The Petitioner was not even an
applicant and therefore, cannot challenge the selection
after its completion.
7. Perusal of the order passed by the Coordinate Bench
in the earlier writ application on 06.10.2023 reveals that
submission was made by the counsel appearing for the
petitioner that the selection process had not been
completed and the posts are lying vacant for which
direction was issued to complete the selection process.
The relevant portion of the order passed by this Court is
reproduced below;
"4. Today during course of hearing, learned counsel for the
Petitioner on instruction submits that since the selection process
for the post of "Asha Karmee" in respect of the village/
Sankhamedi and Champabatipatna has not been completed as
yet, the posts are still lying vacant.
5. Considering the submission made by the learned counsel for
the Petitioner and looking to the factual scenario, this Court
directs the Principal Secretary, Health and Family Welfare
Department, Government of Odisha/Opposite Party No.1 as well
as the Chief District Medical Officer, Balasore/Opposite Party
No.3 to complete the selection process for the post of "Asha
Karmee" in respect of the village/ Sankhamedi and
Champabatipatna within a period of two months from the date
of presentation of a copy of this order."
Thus, the order was passed entirely basing on the
submission made by the counsel for the petitioner. In
the counter affidavit filed by the State Opposite Parties,
a grievance submitted by the petitioner on 24.12.2021
addressed to the Hon'ble Chief Minister of Odisha is
enclosed wherein she made several allegations against
the selected candidate Manjulata Tola. Basing on such
petition, the Government in Department of Health and
Family & Welfare, vide letter dated 10.02.2022 directed
the MD, NHM (O) and the CDM and PHO, Balasore to
inquire into the matter. Accordingly, inquiry was
conducted by the CDMO and PHO-cum-DMD, Balasore
and report was submitted to the Government on
24.02.2022. It was found in the inquiry that Manjulata
Tola had not submitted the 10th pass mark sheet along
with her application but submitted later. As per the
guidelines, the applications were to be submitted within
ten days but in the advertisement, the same was
mentioned as one month. Further, Manjulata Tola was
also found to have produced multiple resident
certificates. That apart, in view of the expansion of the
area, it was felt necessary to select an additional ASHA.
On such basis, it was held that the selection procedure
had not been properly followed and was recommended
to be cancelled. Basing on such inquiry, the
Superintendent, CHC, Jaleswarpur vide letter dated
29.03.2022, cancelled the selection of Champabatipatna
and directed issuance of fresh notice. The petitioner filed
the earlier writ application that is, W.P.(C). No. 13984 of
2022 on 01.06.2022. It is needless to mention that even
as on the date of filing of the writ application, the
selection had been cancelled. The above fact was never
brought to the knowledge of this Court. Whether the fact
of cancellation of the selection process pursuant to the
earlier advertisement was within the specific knowledge
of the petitioner or not at the relevant time is not
material. What is material is the fact that by such time,
there was no selection process to be challenged. The
petitioner has not specifically questioned the
cancellation of the selection process on any other
ground, save and except that the same is contrary to the
directions of this Court in the earlier writ application.
Even otherwise, having regard to the finding of the
inquiry conducted by the CDM & PHO, this Court finds
nothing wrong in the issuance of fresh advertisement
and consequently the selection of Opposite Party No. 6
as ASHA of the concerned village.
8. In the result, this Court finds no merit in the writ
application which is therefore, dismissed.
...............................
Sashikanta Mishra,
Judge
Deepak
