Smt. Indra Negi vs State of Uttarakhand and Others

Sudhanshu Dhulia, J.—Heard Mr. S.C. Bhatt, Advocate for the Petitioner, Mr. Anil Kumar Bisht, Brief Holder for the State of Uttarakhand, Mr. Sandeep Kothari, Advocate for Respondent No. 4 and Mr. Rahul Consul, Advocate for Respondent No. 5.

2.One social worker who is given the name of "Asha" is appointed on population of every 1,000/- in a rural area. The Petitioner is working as "Asha" since 17.2.2006. The Gram Sabha has consequently dispensed with the services of the Petitioner vide impugned order dated 25.9.2010 (Annexure 4 to the writ petition) as a resolution was taken in the Gram Sabha that the services of the Petitioner cannot be permitted to continue for two reasons, (a) she does not possess Class VIII certificate and (b) that she has now become a member of the Block Development Committee.

In the counter affidavit filed by Respondent No. 4 a letter of the Director, National Rural Health Mission has been annexed as Annexure - CA5, which shows that No. person who has been appointed as a member of the Block Development Committee should be appointed as "Asha". It is admitted by the Petitioner that she has not passed Class VIII. In the guidelines for appointment of "Asha" it is one of the essential condition that the candidate should have passed Class VIII for the same, though the same guidelines further clarify that this qualification can be relaxed in a given case where a candidate having Class VIII certificate is not available. The Respondents on the other hand allege that the Petitioner had obtained the appointment of "Asha" by giving false assurance of her qualification as Class VIII pass candidate.

In other words it is an admitted case of the Petitioner that she has not passed Class VIII and she has now become a member of the Block Development Committee. All the same, the Petitioner has not been heard before her assignment was terminated. In the interest of justice and in order to prevent any further delay for final disposal of the matter, it is hereby directed that all the concerned persons shall be present along with all the relevant documents before the Chief Medical Officer, Nainital who is the Nodal Agency in the matter, who shall hear the Petitioner, representative of the Gram Sahba and Respondent No. 5 on 10th August, 2011 and the Chief Medical Officer after hearing all the concerned parties shall pass appropriate order in accordance with law as expeditiously as possible but definitely within a period of three weeks commencing from August 10, 2011.

Since the Petitioner claims to have been working as "Asha", till such orders as directed by this Court, are passed by the Chief Medical Officer, the Petitioner shall remain on the post of "Asha".

The writ petition is accordingly disposed of. Interim order dated 22.12.2010 is hereby vacated.