Page No.# 1/4 GAHC010111232026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2978/2026 ROUSHNARA BEGUM D/O ABU BAKKAR SIDDIK AND JAHANARA BEGUM, VILLAGE KALIKAJARI, P.O. NAGABANDHA, P.S. MIKIRBHETA, DISTRICT MORIGAON, ASSAM, PIN 782104. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HEALTH DEPARTMENT, DISPUR, GUWAHATI-6 2:THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI-36 3:THE JOINT DIRECTOR OF HEALTH SERVICES/MEMBER SECRETARY DHS MORIGAON P.O. AND DISTRICT- MORIGAON ASSAM PIN- 782105 4:THE SUB-DIVISIONAL MEDICAL AND HEALTH OFFICER BHURBANDHA BLOCK PRIMARY HEALTH CENTRE MORIGAON ASSAM P.O. AND DISTRICT- MORIGAON ASSAM PIN- 782105 5:THE BLOCK PROGRAMME MANAGER (BPM IN SHORT) Page No.# 2/4 BHURBANDHA BLOCK PRIMARY HEALTH CENTRE MORIGAON ASSAM P.O. AND DISTRICT- MORIGAON ASSAM PIN- 78210 Advocate for the Petitioner : MS. S K NARGIS, MS N SULTANA,F RAHMAN Advocate for the Respondent : SC, HEALTH, BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 15.06.2026 Heard Mr. HRA Choudhury, learned Senior Counsel assisted by Mr. SK Nargis, learned counsel for the petitioner. Also heard Ms. A Bora, learned Standing Counsel, Health Department. 2] The petitioner before this Court is seeking implementation of the order dated 24.04.2026, whereby the petitioner was ordered by the Joint Director of Health Services/ Member Secretary, DHS, Morigaon to be appointed in place of her mother, namely, Jahanara Begum who is suffering from severe ailment and is under treatment. Learned counsel for the petitioner submits that although the order has been dated 24.04.2026 by the Joint Director, the Sub-Divisional Medical & Health Officer, Bhurbandha Block Primary Health Centre, Morigaon is not permitting to join her in the place of her mother. When the matter was last Page No.# 3/4 listed on 08.06.2026, learned Standing Counsel, Health Department was permitted to obtain instructions. Today when the matter was listed, Ms. A Bora, learned Standing Counsel, Health Department has placed before the Court the communication dated 12.06.2026 issued by the Joint Director of Health Services/ Member Secretary, DHS, Morigaon instructing the Sub-Divisional Medical & Health Officer, Bhurbandha Block Primary Health Centre, Morigaon that the recommendation in respect of the writ petitioner was not as per the ASHA replacement guidelines. It is submitted that there is a set of guidelines for replacement of new ASHA workers and these guidelines have not been followed. It is submitted by Ms. A Bora that in terms of the guidelines the names are to be recommended by the Gram Sabha which was not done. 3] Under such circumstances, this Court is of the considered view that the writ petition should be disposed of at this stage with a direction to the Joint Director of Health Services/ Member Secretary, DHS, Morigaon to take up the matter in terms of the guidelines issued for replacement of the ASHA Workers and follow the appropriate procedure laid down and thereafter pass an appropriate order. This Court is of the view that the Joint Director of Health Services/ Member Secretary, DHS, Morigaon will take into consideration the fact that the services of ASHA workers are required to be consistently made available to the beneficiaries. Page No.# 4/4 4] Under such circumstances, the petitioner will be permitted to work till such decision is undertaken by the Joint Director of Health Services/ Member Secretary, DHS, Morigaon in terms of the guidelines issued for replacement of the ASHA Workers. Let this exercise be completed within 3 (three) weeks from today from the date of receipt of the certified copy of this order. 5] In terms of the above, the writ petition stands disposed of. JUDGE Comparing Assistant