Madhya Pradesh High Court
Manisha Chouhan vs The State Of Madhya Pradesh on 14 March, 2023
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANJAY DWIVEDI
ON THE 14 th OF MARCH, 2023
WRIT PETITION No. 5322 of 2023
BETWEEN:-
1. MANISHA CHOUHAN D/O SHRI RAMESHWAR
SINGH, AGED ABOUT 27 YEARS, OCCUPATION:
CHO.(INERM) POSTING KHAMLAY BLOCK,
KHALWA KHAMLAY DISTRICT KHANDWA
(MADHYA PRADESH)
2. SANGEETA MAIDA D/O SHRI BABU MAIDA, AGED
ABOUT 24 YEARS, OCCUPATION: CHO (INTERN),
POSTING RAJUKHEDI BLOCK MANAWAR,
DISTRICT DHAR (MADHYA PRADESH)
3. GITA D/O SHRI KUVER SINGH OCCUPATION: CHO
(INTERN) POSTING BHAWARGARH ( NEW),
BLOCK SANDHWA, DISTRICT BARWANI
(MADHYA PRADESH)
4. HEMA MUWEL D/O PRABHU LAL MUWEL, AGED
ABOUT 26 YEARS, OCCUPATION: CHO (INTERN)
POSTING EKALWARA BLOCK MANWAR,
DISTRICT DHAR (MADHYA PRADESH)
5. MANJU AHORIYA D/O PEM SINGH AHORIYA,
AGED ABOUT 26 YEARS, OCCUPATION: CHO
(INTERN) POSTING BATYAODA BLOCK
RAHATGARH, DISTRICT SAGAR (MADHYA
PRADESH)
6. VANDANA VISHWAS W/O MANAS DEV BARMAN,
AGED ABOUT 26 YEARS, OCCUPATION: CHO
(INTERN) POSTING HWC BARGI, BLOCK HARRAI,
DISTRICT CHHINDWARA (MADHYA PRADESH)
7. JULIYAT SMITH D/O HOKINS SMITH
OCCUPATION: CHO (INTERN) POSTING
BARNMOHGAW, BLOCK BARHI BADWARA,
DISTRICT KATNI (MADHYA PRADESH)
8. VANDANA MASRE D/O SHRI BADRI LAL MASRE,
AGED ABOUT 27 YEARS, OCCUPATION: CHO
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 3/15/2023
11:01:52 AM
2
(INTERN) POSTING GOGAIPUR, BLOCK KHALWA,
DISTRICT KHANWA (MADHYA PRADESH)
9. JOY VIKAS RAO S/O VINOD ANAND RAO, AGED
ABOUT 41 YEARS, OCCUPATION: CHO (INTERN)
POSTING MARDANPUR, BLOCK RAHATGARH,
DISTRICT SAGAR (MADHYA PRADESH)
10. RAMILA MOURYA W/O FUL SINGH MOURYA,
AGED ABOUT 35 YEARS, OCCUPATION: CHO
(INTERN) POSTING NANDIYA BLOCK
BHAGWANPURA, DISTRICT KHARGONE
(MADHYA PRADESH)
11. SEEMA BANSKAR D/O CHHATAN BANSKAR,
AGED ABOUT 38 YEARS, OCCUPATION: CHO
(INTERN) POSTING CHOHTA, BLOCK BHIMPUR,
DISTRICT BETUL (MADHYA PRADESH)
12. PARVATI JAMRE D/O MEHTAB JAMRE, AGED
ABOUT 27 YEARS, OCCUPATION: CHO (INTERN)
POSTING SANKHEDI, BLOCK HARSUD, DISTRICT
KHANDWA (MADHYA PRADESH)
13. LALI NINGWAL D/O SHRI KALYA NINGWAL,
AGED ABOUT 31 YEARS, OCCUPATION: CHO
(INTERN) POSTING LAPHANGAON BLOCK
RAJPUR, DISTRICT BARWANI (MADHYA
PRADESH)
14. ANJALI NAWDE D/O ANSINGH NAWDE, AGED
ABOUT 25 YEARS, OCCUPATION: CHO (INTERN)
POSTING KELMALE BLOCK SENDHAWA,
DISTRICT BARWANI (MADHYA PRADESH)
15. SANTI SOLANKI D/O PARSINGH SOLANKI, AGED
ABOUT 31 YEARS, OCCUPATION: CHO (INTERN)
POSTING HWC GULJHIRI NEW BLOCK
BHAGWANPURA, DISTRICT KHARGONE
(MADHYA PRADESH)
16. TARKA KHARTE D/O SHRI MUNNA LAL KHARTE,
AGED ABOUT 28 YEARS, OCCUPATION: CHO
(INTERN) POSTING PIPLYADAWADI, (NEW)
BLOCK BHAGWANPURA, DISTRICT KHARGONE
(MADHYA PRADESH)
17. RINU DAMOR D/O RAMSINGH DAMOR, AGED
ABOUT 24 YEARS, OCCUPATION: CHO (INTERN)
POSTING LEELUMARI BLOCK BHABRA DISTRICT
ALIRAJPUR (MADHYA PRADESH)
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 3/15/2023
11:01:52 AM
3
18. SARITA CHOUHAN D/O SARDAR CHOUHAN, AGED
ABOUT 28 YEARS, OCCUPATION: CHO (INTERN)
POSTING KHALWA, HWC- KEKDIYA, DISTRICT
KHANDWA (MADHYA PRADESH)
19. KAVITA BARDE D/O SHIKARIYA BARDE, AGED
ABOUT 25 YEARS, OCCUPATION: CHO (INTERN)
POSTING MOJALI BLOCK RAJPUR BARWANI
(MADHYA PRADESH)
20. KIRAN JADHAV D/O JAGDISH JADHAV, AGED
ABOUT 26 YEARS, OCCUPATION: CHO (INTERN)
POSTING IMLIGOHAN, BLOCK BAMHNI, BANJAR,
DISTRICT MANDLA (MADHYA PRADESH)
21. KIRAN SEHLOT W/O ANKIT SOLANKI, AGED
ABOUT 29 YEARS, OCCUPATION: CHO (INTERN)
POSTING THANDLA, UDAIGARH, DISTRICT
ALIRAJPUR (MADHYA PRADESH)
22. CHANDA MOURYA D/O CHAIN SINGH, AGED
ABOUT 30 YEARS, OCCUPATION: CHO (INTERN)
POSTING TANDLI BLOCK KHAKNAR, DISTRICT
BURHANPUR (MADHYA PRADESH)
23. BHAWANA PARMAR D/O JAGDISH PARMAR,
AGED ABOUT 24 YEARS, OCCUPATION: CHO
(INTERN) POSTING RATIKARAR BLOCK
BABAICHICHLY DISTRICT NARSINGHPUR
(MADHYA PRADESH)
24. SHANTA CHOUHAN D/O BHAGWAN CHOUHAN,
AGED ABOUT 33 YEARS, OCCUPATION: CHO
(INTERN) POSTING TEMLA NEW BLOCK THIKRI,
DISTRICT BARWANI (MADHYA PRADESH)
25. JYOTI SINGH D/O CHIAN SINGH, AGED ABOUT 25
YEAR S, OCCUPATION: CHO (INTERN) POSTING
JAMPATI BLOCK SENDHWA, DISTRICT BARWANI
(MADHYA PRADESH)
26. RINA YOGI W/O JAGDISH YOGI, AGED ABOUT 31
YEAR S, OCCUPATION: CHO (INTERN) POSTING
LAHORPANI BLOCK BHAGWANPURA, DISTRICT
KHARGONE (MADHYA PRADESH)
27. ANKITA JOSHI D/O MAHESH JOSHI, AGED ABOUT
29 YEARS, OCCUPATION: CHO (INTERN) POSTING
AVRAL BLOCK MANAWAR DISTRICT DHAR
(MADHYA PRADESH)
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 3/15/2023
11:01:52 AM
4
28. BACHHU DUDVE D/O PASARIYA DUDVE, AGED
ABOUT 25 YEARS, OCCUPATION: CHO (INTERN)
POSTING RAYSAGAR, BLOCK BHAGWANPURA,
DISTRICT KHARGONE (MADHYA PRADESH)
29. KAJOL JAMES D/O RAVINDRA KUMAR JAMES,
AGED ABOUT 29 YEARS, OCCUPATION: CHO
(INTERN) POSTING SAMARPAT BLOCK
BHAGWANPURA, DISTRICT KHARGONE
(MADHYA PRADESH)
30. ANITA MAIDA D/O SHRI PHULJEE MAIDA, AGED
ABOUT 25 YEARS, OCCUPATION: CHO (INTERN)
POSTING JAMDA BLOCK MEGH NAGAR,
DISTRICT JHABUA (MADHYA PRADESH)
31. TEJA NINAMA D/O PHOOLJI NINAMA, AGED
ABOUT 29 YEARS, OCCUPATION: CHO (INTERN)
POSTING SAJAI NEW BLOCK BADARWAS
DISTRICT SHIVPURI (MADHYA PRADESH)
32. LALITA CHAREL W/O KAMAL KUMAR CHAREL,
AGED ABOUT 37 YEARS, OCCUPATION: CHO
(INTERN) POSTING MANKAPUR, BLOCK
UDAIPURA, DISTRICT RAISEN (MADHYA
PRADESH)
33. GUDDI W/O NARENDRA DEWDA, AGED ABOUT 32
YEAR S, OCCUPATION: CHO (INTERN) POSTING
JHAKELA, BLOCK RAMA DISTRICT JHABUA
(MADHYA PRADESH)
34. KAVITA MAIDA D/O PARU MAIDA, AGED ABOUT
26 YEARS, OCCUPATION: CHO (INTERN) POSTING
FATA BLOCK AMBUA, DISTRICT ALIRAJPUR
(MADHYA PRADESH)
35. PRIYA YOGI W/O RAKESH YOGI, AGED ABOUT 27
YEAR S, OCCUPATION: CHO (INTERN) POSTING
RAMGADI, BLOCK SENDHWA, DISTRICT
BARWANI (MADHYA PRADESH)
36. PUSHPA D/O SHANKAR LAL, AGED ABOUT 25
YEARS, OCCUPATION: CHO (INTERN) POSLTING
UDIYPUR RYT NEW KHALWA, DISTRICT
KHANDWA (MADHYA PRADESH)
37. SHARDA GARWAL D/O JAWAR SINGH, AGED
ABOUT 25 YEARS, OCCUPATION: CHO (INTERN)
POSTING JALI BLOCK JABOT DISTRICT
ALIRAJPUR (MADHYA PRADESH)
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 3/15/2023
11:01:52 AM
5
38. ANITA BHURIYA D/O ROOPJI BHURIYA, AGED
ABOUT 24 YEARS, OCCUPATION: CHO (INTERN)
POSTING SEHRAI BLOCK MUNGAOLI, DISTRICT
ASHOK NAGAR (MADHYA PRADESH)
39. MAHESH BADOLE S/O KISHORE BADOLE, AGED
ABOUT 32 YEARS, OCCUPATION: CHO (INTERN)
POSTING MAD PIPARIYA, BLOCK DEORI,
DISTRICT SAGAR (MADHYA PRADESH)
40. SHEELA MUNIYA D/O SULTAN SINGH MUNIYA,
AGED ABOUT 31 YEARS, OCCUPATION: CHO
(INTERN) POSTING HAMIRGARH, BLOCK
PETLAWAD, DISTRICT JHABUA (MADHYA
PRADESH)
41. AASHIKA ZILVE D/O KANHAIYA ZILVE, AGED
ABOUT 24 YEARS, OCCUPATION: CHO (INTERN)
POSTING PENDARNIA BLOCK SENDHWA
DISTRICT BARWANI (MADHYA PRADESH)
42. MANISHA JAMRE D/O HARESH JAMRE, AGED
ABOUT 35 YEARS, OCCUPATION: CHO (INTERN)
POSTING PANJARAYA NEW, BLOCK SENDHWA,
DISTRICT BARWANI (MADHYA PRADESH)
43. BHAVNA MUWEL D/O MANGILAL MUWEL, AGED
ABOUT 25 YEARS, OCCUPATION: CHO (INTERN)
POSTING KANERI BLOCK BAGH DISTRICT DHAR
(MADHYA PRADESH)
44. NILAM BAGHEL D/O MUKAM SINGH BAGHEL,
AGED ABOUT 26 YEARS, OCCUPATION: CHO
(INTERN) POSTING AJANDA BLOCK AMBUA
DISTRICT ALIRAJPUR (MADHYA PRADESH)
45. SADHANA MUNIYA D/O BHERULAL MUNIYA,
AGED ABOUT 29 YEARS, OCCUPATION: CHO
(INTERN) POSTING GULJHAR BLOCK
DHARMPURI, DISTRICT DHAR (MADHYA
PRADESH)
46. SANTOSHI KATARE D/O RADHE SHYAM KATARE,
AGED ABOUT 26 YEARS, OCCUPATION: CHO
(INTERN) POSTING HINGWANI NEW BLOCK
BATIYAGAR, DISTRICT DAMOH (MADHYA
PRADESH)
47. LAXMI TILGAM D/O MUNNA LAL TILGAM, AGED
ABOUT 33 YEARS, OCCUPATION: CHO (INTERN)
POSTING MADHOPURI BLOCK BAMHANI,
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 3/15/2023
11:01:52 AM
6
BANJAR DISTRICT MANDLA (MADHYA PRADESH)
48. AARTI PAWAR D/O BHAIYALAL PAWAR, AGED
ABOUT 27 YEARS, OCCUPATION: CHO (INTERN)
POSTING LIPANI BLOCK BHAGWANPURA,
DISTRICT KHARGONE (MADHYA PRADESH)
49. PRIYANKA DAWAR D/O JAGAN DAWAR, AGED
ABOUT 27 YEARS, OCCUPATION: CHO (INTERN)
POSTING KOT KIRADI, BLOCK SENDHWA,
DISTRICT BARWANI (MADHYA PRADESH)
50. SHALINI JAIN D/O UTTAMCHAND JAIN, AGED
ABOUT 28 YEARS, OCCUPATION: CHO (INTERN)
POSTING BAHADURPUR, BLOCK RAHATGARH,
DISTRICT SAGAR (MADHYA PRADESH)
51. ARTI KOL D/O BHURA KOL, AGED ABOUT 38
YEAR S, OCCUPATION: CHO (INTERN) POSTING
TIHAI, BLOCK RAMPUR BAGHELAN DISTRICT
SATNA (MADHYA PRADESH)
52. SONU DAMOR D/O MAKANA, AGED ABOUT 28
YEAR S, OCCUPATION: CHO (INTERN) POSTING
CHANDPUR, KAATTIWADA DISTRICT ALIRAJPUR
(MADHYA PRADESH)
53. MADHURI ATHANKAR F/O RAMKISHORE
ATHAN KAR R/O BLOCK ASHTA PARMANENT
ADDRESS PADHAR BUZURG, BETUL SUB CENTRE
ARNIA JOHARI DISTRICT SEHORE (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI SANJAY SARWATE - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY MINISTRY OF HEALTH
AND FAMILY WELFARE VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
2. MISSION DIRECTOR NATIONAL HEALTH
MISSION, MADHYA PRADESH LINK ROAD, NO.3,
PATRAKAAR COLONY BHOPAL (MADHYA
PRADESH)
3. CHIEF ADMINISTRATIVE OFFICER NATIONAL
HEALTH MISSION, MADHYA PRADESH LINK
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 3/15/2023
11:01:52 AM
7
ROAD, NO.3, PATRAKAAR COLONY BHOPAL
(MADHYA PRADESH)
4. STATE NODAL OFFICER, HEALTH AND WELLNESS
CENTRE, NATIONAL HEALTH MISSION, MADHYA
P R A D E S H 6TH FLOOR, SATPUDA BHAWAN,
BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI GIRISH KEKRE - GOVERNMENT ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
B y the instnat petition, petitioners are challenging the order dated 09/01/2023 (Annexure-P-8), by which their services have been dispensed with.
It is submitted by counsel for the petitioners that petitioners have been selected for the post of Community Health Officers (In turn). As per the condition of appointment they have to acquire the certificate for which they have been provided two attempts but in those two attempts they could not succeed. Consequently an order dated 09/01/2023 (Annexure-P-8) has been passed proposing their removal as they could not acquire the said certificate.
C o uns el for the petitioners submits that on earlier occasion the respondents have provided three attempts to the Community Health Officer (in turn) appointed on contractual basis. He submits that when three attempts have been provided to others, they should also be provided the same treatment and instead of two, three attempts ought to have been given to them. He submits that IGNOU provides maximum four attempts to acquire the said certificate.
Counsel for the petitioner further submits that in an identical petition Co- ordinate Bench has disposed of the petition directing respondents-authorities to consider the pending representation of the petitioner. It is also submitted that Signature Not Verified Signed by: SUSHMA KUSHWAHA Signing time: 3/15/2023 11:01:52 AM 8 issue involved in this case has also been dealt with by this Court in W.P.No.2608/2023 and prays to dispose of this petition with the same manner. He also prayed direction to the authorities to consider and decide the pending representation (Annexure-P-10) of petitioners.
In view of aforesaid, this petition is disposed of directing respondents to consider pending representation (Annexure-P-10) of the petitioners within a period of 30 days from the date of receipt of copy of this order taking note of the fact that IGNOU provides four opportunities and 3 opportunites have already been provided to other similarly situated persons. If that is not done, the reasons should be assigned. Till the decision is taken on the pending representation, the operation of impugned order (Annexure-P-8) shall remain stayed and petitioners shall be allowed to continue to perform the duties as Community Health Officers (In turn).
With the aforeseaid, petition is disposed of (SANJAY DWIVEDI) JUDGE sushma Signature Not Verified Signed by: SUSHMA KUSHWAHA Signing time: 3/15/2023 11:01:52 AM