Madhya Pradesh High Court
Meena Shah vs The State Of Madhya Pradesh on 16 February, 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 16 th OF FEBRUARY, 2023
WRIT PETITION No. 2608 of 2023
BETWEEN:-
1. MEENA SHAH D/O SHRI BABU CHAND SHAH,
AGED ABOUT 27 YEARS, OCCUPATION: CHO
INTERN POSTING SHE BHUDKUD BLOCK
WAIDHAN DISTRICT SINGRAULI M.P. VILLAGE
AND POST KHUTAR 30/ DISTRICT SINGRAULI
(MADHYA PRADESH)
2. CHAIN SINGH PATEL S/O SHRI GAJRAT SINGH
PATEL, AGED ABOUT 27 YEARS, OCCUPATION:
CHO (INTERN) POSTING HWC BHOPADA BLOCK
KASARWAD DISTRICT KHARGONE ADDRESS
KAMODWADA TEHSIL KASRAWAD DISTRICT
KHARGONE (MADHYA PRADESH)
3. RANI TIWARI W/O SHRI PUSHPENDRA MISHRA,
AGED ABOUT 33 YEARS, OCCUPATION: CHO
(INTERN) POSTING BLOCK JATARA DISTRICT
TIKAMGARH HWC KHAROI ADDRESS PETROL
PUMP KE PICHE NEW BASTI TAKHA TIKAMGARH
(MADHYA PRADESH)
4. SUNITA KANEL D/O SHRI RAMESH KANEL, AGED
ABOUT 26 YEARS, OCCUPATION: CHO (INTERN)
POSTING DISTRICT SAGAR BLOCK DEORI HWC
CHIRCHITTA ADDRESS 13 GRAM AJANDEMAN
DAWARPURA TEHSIL MANAWAR DISTRICT
DHAR (MADHYA PRADESH)
5. UTKIRSHA AJMERI W/O SHRI VINOD WAGELA,
AGED ABOUT 26 YEARS, OCCUPATION: CHO
(INTERN) POSTING SHC LOHARI BLOCK TIRLA
DISTRICT DHAR ADDRESS 232 DESAI NAGAR
UJJAIN (MADHYA PRADESH)
6. LATA CHOUHAN D/O SHRI MAYARAM, AGED
ABOUT 30 YEARS, OCCUPATION: CHO (INTERN)
POSTING HWC NAWRA BLOCK KHAKNAR
ADDRESS POST DABHAIYAKHEDA TEHSIL
NAPANAGAR DISTRICT (MADHYA PRADESH)
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 2/17/2023
10:36:37 AM
2
7. REENA BHURIYA D/O SHRI PARTHING BHURIYA,
AGED ABOUT 28 YEARS, OCCUPATION: CHO
(INTERN) POSTING HWC BAND BLOCK AAMBUA
DISTRICT ALIRAJPUR ADDRESS BIHAND UDAY
PURIYA CHETANIYA MARGE UDAYPURIYA DILIP
GET JHABUA (MADHYA PRADESH)
8. ASHISH MEDA S/O SHRI PANGLA MEDA, AGED
ABOUT 31 YEARS, OCCUPATION: CHO (INTERN)
POSTING DISTRICT ASHOK NAGAR BLOCK
ISAGRAH SHC PIPRESARA ADDRESS GRAM
ETAWA TEHSIL MEGHNAGAR DISTRICT JHABUA
(MADHYA PRADESH)
9. VIDHI KHAN W/O SHRI ABDUL SAMEER KHAN,
AGED ABOUT 35 YEARS, OCCUPATION: CHO
(INTERN) POSTING SUB CENTER BICHHUA
(CHHINDWARA) ADDRESS FRIENDS COLONY
KHAJRI (MADHYA PRADESH)
10. KIRAN DAWAR D/O SHRI AAPSINGH DAWAR,
AGED ABOUT 27 YEARS, OCCUPATION: CHO
(INTERN) POSTING DISTRICT BURHANPUR
BLOCK KHAKNAR POSTING HWC DAHINDA NEW
ADDRESS GRAM GUDI KHEDA DISTRICT
(MADHYA PRADESH)
11. RAINA SINGAD D/O SHRI KANU SINGAD, AGED
ABOUT 26 YEARS, OCCUPATION: CHO (INTERN)
POSTING SHC RUSALLA BUJURG NEW BLOCK
ISHAGARH ADDRESS HOUSE NO. 221 GRAM
BHIMKUND TEHSIL THANDLA DISTRICT JHABUA
(MADHYA PRADESH)
12. LAXMI KOKODE D/O SHRI KASDAN KOKODE,
AGED ABOUT 31 YEARS, OCCUPATION: CHO
(INTERN) POSTING SHC DODAJAM BLOCK
BHIMPUR DISTRICT BETUL ADDRESS NAGJHIRI
POST JAWRA DISTRICT BETUL (MADHYA
PRADESH)
13. RADHA TAMARKAR D/O SHRI MUNNA LAL
TAMAKAR, AGED ABOUT 31 YEARS,
OCCUPATION: CHO (INTERN) POSTING DAMOH
HIRDAYPUR ADDRESS DAMOH (MADHYA
PRADESH)
14. MAMTA DHURVE W/O SHRI ARVIND PARTET,
AGED ABOUT 31 YEARS, OCCUPATION: CHO
(INTERN) POSTING HWC MUGNAPAR BLOCK
BICHHUA DISTRICT CHHINDWARA ADDRESS
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 2/17/2023
10:36:37 AM
3
DUDDEWANI POST LENDHORI BLOCK
PANDHURNA DISTRICT CHHINDWARA (MADHYA
PRADESH)
15. PRIYANKA DWIVEDI W/O SHRI SURENDRA
DWIVEDI, AGED ABOUT 29 YEARS, OCCUPATION:
CHO (INTERN) POSTING SHC KARMAU CHC
RAMPUR BAGHELAN DISTRICT SATNA ADDRESS
VILLAGE DENGRAHAT POST CHORMARI TAHSIL
RAMPUR BAGHELAN DISTRICT (MADHYA
PRADESH)
16. NEELAM SHRIVASTAVA W/O SHRI AMIT
SHRIVASTAVA, AGED ABOUT 34 YEARS,
OCCUPATION: CHO (INTERN) POSTING ASHOK
NAGAR/BLOCK/SHADORA HWC RAJEBAMORA
ADDRESS BLOCK 1-5 COLLECTORATE COLONY
GUNA ROAD ASHOKNAGAR (MADHYA PRADESH)
17. LATA KARIYAM D/O MR. MAHESH SINGH
KARIYAM, AGED ABOUT 26 YEARS, OCCUPATION:
CHO (INTERN) POSTING HWC CHODI BLOCK
KOTMA DISTRICT ANUPPUR ADDRESS NEAR OLD
CENTRAL BANK POST RAJENDRAGARAM
PUSHPRAJGARH DISTRICT ANUPPUR 484881
(MADHYA PRADESH)
18. RANU SINGH D/O SHRI LALJI SINGH, AGED
ABOUT 27 YEARS, OCCUPATION: CHO (INTERN)
POSTING HWC NIGEHRA BLOCK BADWARA
DISTRICT KATNI ADDRESS VILLAGE CHHOTA
BAREHA POST TEHSHIL RITHI DISTRICT
(MADHYA PRADESH)
19. SHAKUN KADVE D/O GULAB KADVE, AGED
ABOUT 27 YEARS, OCCUPATION: CHO (INTERN)
POSTING SHC KASMAR KHANDI BLOCK
BHIMPUR ADDRESS MALEGAON BASNER KALA
DISTRICT BETUL (MADHYA PRADESH)
20. DEEPIKA MARAVI W/O LATE RAMAI SINGH,
AGED ABOUT 29 YEARS, OCCUPATION: CHO
(INTERN) POSTING HWC SARASDOLI BLOCK
MAHENDWANI DISTRICT DINDORI ADDRESS
VILLAGE BAHADUR POST CHHIRPANI BLOCK
MAHENDWANI TEHSIL SHAHPURA JILA DINDORI
(MADHYA PRADESH)
21. NISHA MAIDA D/O GALIYA MAIDA, AGED ABOUT
26 YEARS, OCCUPATION: CHO (INTERN) POSTING
DISTRICT VIDISHA BLOCK LATERI HWC
MURARIYA ADDRESS HOUSE NO. 57 UDEPURIYA
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 2/17/2023
10:36:37 AM
4
POST MIYATI TEHSIL THANDLA DISTRICT
JHABUA 457777 (MADHYA PRADESH)
22. PREETI UIKEY D/O SHRI RAMPRASAD UIKEY,
AGED ABOUT 29 YEARS, OCCUPATION: CHO
(INTERN) POSTING AGARIYA KALA BLOCK
GHANSORE DISTRICT SEONI ADDRESS POST
BALPUR TEHSIL GHANSORE (MADHYA PRADESH)
23. CHITRA SINGH W/O SHRI DILIP SINGH, AGED
ABOUT 32 YEARS, OCCUPATION: CHO (INTERN)
POSTING BLOCK NAGODH SUB CENTRE KONDAR
DISTRICT SATNA ADDRESS KOTA 2 POST
JHINGODAR TEHSIL NAGODH DISTRICT SATNA
(MADHYA PRADESH)
24. RAJKUMAR BAGHEL D/O SHRI RAMESH BAGHEL,
AGED ABOUT 31 YEARS, OCCUPATION: CHO
(INTERN) POSTING SHC KADOLA RAGHO NEW
BLOCK KHIKIYA DISTRICT HARDA ADDRESS
142/1 MALVIYA NAGAR INDORE (MADHYA
PRADESH)
25. REENA D/O SHRI PRITAM DHURVE, AGED ABOUT
32 YEARS, OCCUPATION: CHO (INTERN) POSTING
SHC BAIDAR NEW BLOCK NOWGONG DISTRICT
CHHATARPUR ADDRESS KOLGANV POST
PATHAKHEDA BLOCK GHODADONGRI DISTRICT
BETUL (MADHYA PRADESH)
26. DILRAJ JHALA D/O SHRI VIJAY SINGH JHALA,
AGED ABOUT 28 YEARS, OCCUPATION: CHO
(INTERN) POSTING BLOCK SUB CENTRE
GUDHWARA TIKAMGARH ADDRESS VILLAGE
LAKSHMANPURA POST KAHCHIKEDI TEHSIL
JIRAPUR RAJPUR 465691 (MADHYA PRADESH)
27. PRIYANSHA KOL D/O LATE SHRI RAMMILAN
KOL, AGED ABOUT 23 YEARS, OCCUPATION: CHO
(INTERN) POSTING HWC BAND BLOCK
DHIMARKHEDA DISTRICT KATNI ADDRESS
MAHARAJA BABLI NEAR KANJI HOUSE
ADHARTAL JABALPUR (MADHYA PRADESH)
28. PR AB HAWATI BADUKIYA W/O SHRI SUNIL
VERMA, AGED ABOUT 29 YEARS, OCCUPATION:
CHO (INTERN) POSTING HWC KUMHARBARDI
NEW ADDRESS BHAGWANPURA (MADHYA
PRADESH)
29. GEETA JADHAV D/O SHRI SILDAR JADHAV, AGED
ABOUT 29 YEARS, OCCUPATION: CHO (INTERN)
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 2/17/2023
10:36:37 AM
5
POSTING HWC KUNDIA BLOCK SENDHWA
DISTRICT BARWANI ADDRESS VILLAGE POST
SOLVAN TEHSIL WARLA DISTRICT BARWANI
(MADHYA PRADESH)
30. DILIP KUMAR SINGH MARKE S/O SHRI SUKHDEV
SINGH MARKE, AGED ABOUT 30 YEARS,
OCCUPATION: CHO (INTERN) POSTING AGARIYA
KALA BLOCK GHANSORE DISTRICT SE
SUBCENTER SARAIONI ADDRESS 71/2 DIYAGADAI
POST SARAI TEHSEEL SARAI DISTRICT (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI SHASHANK SHEKHAR - SENIOR ADVOCATE WITH SHRI
BHOOPESH TIWARI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
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 462016 (MADHYA
PRADESH)
3. CHIEF ADMINISTRATIVE OFFICER NATIONAL
HEALTH MISSION MADHYA PRADESH LINK
ROAD NO. 3 PATRAKAAR COLONY BHOPAL 462016
(MADHYA PRADESH)
4. STATE NODAL OFFICER HEALTH AND WELLNESS
CENTRE NATIONAL HEALTH MISSION MADHYA
P R A D E S H 6TH FLOOR SATPURA 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
By the instnat petition, petitioners are challenging the order dated 09/01/2023 (Annexure-P-8), by which their services have been dispensed with.
Signature Not Verified Signed by: SUSHMA KUSHWAHA Signing time: 2/17/2023 10:36:37 AM 6It is submitted by counsel for the petitioners that petitioners have been selected for the post of Community Health Officer (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.
Counsel for the petitioner 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. He prays to dispose of this petition also with direction to consider and decide the pending representation (Annexure-P10) of petitioners.
In view of aforesaid, this petition be 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 Signature Not Verified Signed by: SUSHMA KUSHWAHA Signing time: 2/17/2023 10:36:37 AM 7 Community Health Officer (In turn).
With the aforeseaid, petition is disposed of (SANJAY DWIVEDI) JUDGE sushma Signature Not Verified Signed by: SUSHMA KUSHWAHA Signing time: 2/17/2023 10:36:37 AM