Priti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.381 of 2025 ====================================================== Priti Kumari W/o Deepak Kumar R/o Gram and Panchayat- Sukhasan, Ward No. 10, Post Sukhasan, PS and Distt. Madhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Department of Health, Government of Bihar, Patna.

2.

Director in Chief (Admn.) cum Chairperson, Departmental Grievance Redressal Committee, Medical and Health Services, Bihar, Patna. 3.

The District Magistrate-Cum- President District Health Committee, Madhepura.

4.

Civil Surgeon-Cum- Member Secretary, District Health Society, Madhepura. 5.

The in Charge, Medical Officer, Primary Health Center, Murho, Madhepura. 6.

The Mukhiya Gram Panchayat Sukhasan, P.S. and District Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Verma, Advocate For the Respondent/s :

Mr. Standing Counsel 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-01-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. The present writ petition has been filed for the following relief/s:- I. For selecting the petitioner as an ASHA (Acredited Social Health Activist) worker at Village-Sukhasan, Ward No.10, Block-Madhepura, District- Madhepura.

II. For restricting the respondents for not initiating fresh de novo process for selection of ASHA worker at VillageSukhasan, Ward No.10, Block-Madhepura, District- Madhepura.

Patna High Court CWJC No.381 of 2025(2) dt.23-01-2025 2/3

3. Learned Counsel for the State raised preliminary objection and submits that petitioner has filed the present writ petition for interference in the ASHA (Accredited Social Health Activist) worker. Counsel submits that on the complaint filed by the petitioner and others, the selection of ASHA worker has been cancelled and direction for fresh selection has been made.

4. It transpires to this Court that the said order which is issued by the competitive authority for fresh selection is completely in accordance with the guidelines issued for ASHA worker. In the said guidelines, there is no provision to select other person when appointment has been cancelled, rather, there is provision for fresh selection.

5. As such, this Court is not inclined to grant any relief to the petitioner as petitioner has demanded her selection as an ASHA (Acredited Social Health Activist) worker and also demanded not to initiate fresh de novo process for selection of ASHA worker.

6. The guidelines of ASHA worker clearly says that in case of any complaint relating to appointment, the incharge Civil Surgeon-Cum-Secretary, District Health Committee shall pass order and fresh selection shall be made. Hence, this writ petition stands disposed off and liberty is hereby granted to the

Patna High Court CWJC No.381 of 2025(2) dt.23-01-2025 3/3 concerned respondent authority to select fresh ASHA worker in accordance with the guidelines framed within the time frame under the relevant guidelines.

(Dr. Anshuman, J) Divyansh/- U