The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.25681 of 2020 Manorama Mohapatra …. Petitioner Mr. P.C.Jena, Advocate -versus- Mission Director, National Health Mission and others Addl. Govt. Advocate …. Opposite Parties CORAM: JUSTICE SASHIKANTA MISHRA Order No.
Decision
ORDER 07.3.2024. I.A. No.3281 of 2024 09. 1. This matter is taken up through hybrid mode. 2. By means of this application, the Petitioner wants to incorporate the original application filed by her before Opposite Party No.6 on 30.9.2019 applying for the post of ASHA with further prayer to treat the said document as Annexure-1. It is also prayed that pages 14 to 19 of the Writ Petition under Annexure-2 series, which are said to have been filed inadvertently be expunged/ignored. 3. Learned counsel appearing for Opposite Party No.1 and the State counsel have no serious objection to the application being allowed. Resultantly, the I.A. is allowed. The document enclosed to the I.A. be substituted for Annexure-1 already filed. Page 1 of 5 // 2 // It is also made clear that the documents annexed under Annexure-2 series from pages 14 to 19 shall not be taken into consideration. 4. I.A. is accordingly disposed of. (Sashikanta Mishra) Judge W.P.(C) No.25681 of 2020 10. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State. 2. The Petitioner has approached this Court seeking the following relief:- “It is, therefore, prayed that this Hon’ble Court may be graciously pleased to admit this writ application; a issue Rule Nisi in calling upon the Opposite Parties to file show. cause as to why the selection of “ASHA" for the Village-Sankarpur under Gandarda Gram Panchayat of Remuna ‘Block Dist-Balasore list dated 28.10.2019 under Annexure-6 so also the Letter No.9, dated 4.6.2020 under Annexure-7 Series regarding selection of private Opposite Party No.8 shall not be quashed/set aside and as to why a direction shall not be issued for engagement of the petitioner for the said a post with immediate effect. final merit AND If the opposite parties are fail to show cause and show their insufficient cause let this Hon’ble Court make. the said rule absolute and upon hearing the Page 2 of 5 // 3 // parties quash/set aside the final merit list dated 28.10.2019 ‘under Annexure-6 and the Letter No.9, dated 4.6.2020 under Annexure-7 series regarding selection of private “Opposite Party No.8 as “ASHA” for the Village- Sasnkarpur of Gandarda Gram Panchayat of Remuna Block, Dist- Balasore in vis-a-vis directing the petitioner for the said post with immediate effect for the greater interest of justice.” for engagement of 3. The facts of the case are that the Petitioner submitted an application for appointment as ASHA pursuant to an advertisement issued on 23.9.2019. It is her further case that her application was considered along with other applicants and a final merit list was drawn up on 28.10.2019. Though she had secured highest marks among all candidates in the provisional merit list, her candidature was rejected as she had not produced the original compartmental matriculation pass certificate and mark sheet. It appears that the Petitioner submitted a representation addressed to the Opposite Party No.6 on 18.10.2019, i.e. on the next date, copy of which is annexed as Annexure-5. In the meantime, as no decision was taken on the representation so submitted by the Petitioner, she approached this Court in W.P.(C) No.27875/2019. By order dated 13.1.2020, this Court, noting that the representation submitted by the Petitioner had not been disposed of, without expressing any opinion on the merits of the case, disposed of the Writ Petition directing Opposite Party No.6 to consider the same and to pass an appropriate order within a period of three months. Pursuant to such direction of this Court, an order was passed on 04.6.2020 by the members of the ASHA Selection Page 3 of 5 // 4 // Committee. The said order is impugned in the present Writ Petition. 4. Mr. P.C. Jena, learned counsel for the Petitioner, assails the impugned order on the ground that this Court had specifically directed the Opposite Party No.6 to consider and dispose of the pending representation, but the representation was considered by the members of the ASHA Selection Committee which amounts to overreaching the order of this Court. 5. Mr. B.P.Tripathy, learned counsel appearing for Opposite Party No.1 and Mr. S.N.Patanaik, learned Addl. Government Advocate appearing for Opposite Party Nos.3 and 4, fairly submit that the direction of this Court was to the Opposite Party No.6 to consider and dispose of the application. They further submit that the Nodal Officer-cum- Medical Officer (Opposite Party No.7) to take a decision in this regard. 6. Upon perusal of the impugned order, this Court finds that despite referring to the order passed by this Court in the earlier Writ Petition the representation, which was addressed to Opposite Party No.6, was considered by all the members of the ASHA Selection Committee and thereafter rejected. 7. This is a case where the decision taken by the Selection Committee having been challenged was again considered by the same Selection Committee. This amounts to the Page 4 of 5 // 5 // Committee being judge of its own cause as embodied in the maxim nemo judex in causa sua. It goes without saying that the members of the Selection Committee could not have decided the correctness of their decision themselves, particularly, when the direction was to another authority to consider the same. It has been stated at the bar that the Opposite Party No.7 is the appropriate authority to consider the grievance of any person aggrieved by the decision taken by the selection Committee. The Writ Petition is therefore, disposed of directing the Nodal Officer (Opposite Party No.7) to consider and dispose of the representation submitted by the Petitioner on 18.10.2019 addressed to the A.N.M, Remuna, Balasore after granting opportunity of personal hearing to the Petitioner and Opposite Party No.8 and in accordance with law within a period of four weeks. The concerned A.N.M. (Opposite Party No.6) shall forward the representation pending before her to the Opposite Party No.7 for doing the needful. Urgent certified copy of this order be granted on proper 8. application. (Sashikanta Mishra) Judge AKB Signature Not Verified Digitally Signed Signed by: ASHOK KUMAR BEHERA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 11-Mar-2024 10:58:11 Page 5 of 5