IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 27474 of 2008 Between: The Rogi Kalyan Samithi, Rep. by its Chairman, Lakkavaram Primary Health Centre, Jangareddy Gudem Mandal, West Godavari District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Ex-officio Principle Secretary, Health, Medical and Family Welfare (D1) Department, Secretariat, Hyderabad. 2 The Commissioner of Family Welfare, A.P., Hyderabad. 3 The Director of Health Services, Koti, Hyderabad. 4 The District Collector and Chairman of District Medical and Health, West Godavari District, Eluru. 5 The District Medical and Health Officer, West Godavari District, Eluru. 6 The Medical Officer, Primary Health Centre, Lakkavaram Village, Jangareddy Gudem Mandal, West Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to declaring the inaction of the 5th respondent in not sending the list of selected candidates vide RC No.SPL/PHC/08, dt. 14.10.2008 to the 4th respondent is illegal, arbitrary, irregular, unjust and contrary to the guidelines issued by the 2nd respondent and violative of the Art. 14 & 21 of the Constitution of India and consequently direct the 5th respondent to send the list of selected candidates dt. 14.10.2008 to the 4th respondent for approval and direct the 4th respondent to take steps to approve the list of selected candidates as per the guidelines and pass such other order or orders. Counsel for the Petitioner:MR.PEETA RAMAN Counsel for the Respondents: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : ORDER: Questioning the action of the fifth respondent-District Medical and Health Officer, West Godavari, in making appointments of 2nd ANMs, without consulting the petitioner, the present writ petition is filed. The Government vide G.O.Rt.No.971, dated 25.07.2008, accorded permission to the second respondent-Commissioner, Family Welfare, Hyderabad, for appointment of 8766 Multipurpose Health Assistants (Female)/Auxilliary Nurse & Midwives on outsourcing basis in the District with an honorarium of Rs.4,000/- per month. In this regard, guidelines were also issued and as per the said guidelines, the fifth respondent has to give a notification on behalf of Rogi Kalyan Samithis (for short ‘the Samithis’) calling for applications from respective P.H.Cs. The applications are to be received by the Samithis and the Samithis shall prepare the selection list and send the same to the District Medical and Health Officer, who, in turn, will forward the same to the Collector. After completion of the entire selection process, the appointment orders will be issued. In the instant case, as the District Medical and Health Officer and the District Collector, without consulting the petitioner-Samithi, issued a notification on 04.08.2008, inviting the applications to fill up 646 posts of ANMs at various places in the West Godavari District. Assailing the said action, the present writ petition is filed. Heard learned counsel for the petitioner and learned Government Pleader for Medical and Health. From a perusal of the notification, dated 04.08.2008, issued by the District Medical and Health Officer and the District Collector of West Godavari District and the guidelines prescribed pursuant to G.O.Rt.No.971, dated 25.07.2008, this Court is of the clear view that the said notification is contrary to the guidelines issued by the Government. As the petitioner has already prepared the list of selected candidates, the petitioner is hereby directed to forward the said list to the District Collector, within a period of two weeks from today, and the District Collector shall approve the same and send it back to the petitioner within a period of two weeks thereafter, for issuance of appointment orders. The Writ Petition is accordingly allowed, at the stage of admission. No costs. ________________________ GOPALA KRISHNA TAMADA, J Dated:17.12.2008 Note: Communicate operative portion of the order by wire at party’s costs. (B/o) GJ