🚨 Violation of Judicial Order and Arbitrary Action by NHM UP Mission Director: A Call for Inquiry
The recent actions of the Mission Director of the National Health Mission (NHM), Uttar Pradesh, have sparked a serious controversy, drawing allegations of disregard for a High Court order, ultra vires authority, and a fundamental undermining of democratic governance principles.
The Core Grievance: Violation of High Court Directive
The central issue revolves around a notification issued by the Mission Director on 17th January 2025 (Ref. no. 642/SPMU/NHM/HR/Appt./2024-25/ 6871), which declared the closure of the 17000+ contractual recruitment drive (Advertisement No. 642/SPMU/NHM/2022-23/6200 dated 26.11.2022) and stated that “further no list of shortlisted candidates will be issued.”
This action was taken without addressing prior representations submitted by candidates, a step explicitly mandated by the Allahabad High Court:
- High Court Order: In the case WRIT – A No. – 14572 of 2024 (Kanhaiya Lal And 6 Others), dated 21.10.2024, the court directed the respondent (NHM) to decide the petitioners’ representation dated 03.09.2024 “in accordance with law, maximum within a period of two months.”
- Representation Submitted: The petitioners subsequently submitted a representation on 28th October 2024.
- Non-Compliance: The notification closing the recruitment was issued on 17th January 2025, without the Mission Director deciding on the pending representations, thereby constituting a direct violation of the High Court’s binding order.
Arbitrary Decision-Making and Ultra Vires Authority
The grievance further highlights that the Mission Director’s action is not just a judicial violation, but a serious breach of standard administrative practice and legal authority:
- Abolishing Waiting Lists: The decision to close the drive and abolish the issuance of any further list fundamentally sets up a new trend by abolishing the appointment from the waitlist. This practice is followed by both state and central governments to fill residual vacancies.
- Exceeding Legal Authority (Ultra Vires): The Mission Director’s move is alleged to be ultra vires (beyond the powers) vested in the position. By setting a policy that effectively supersedes the established norms of recruitment, the Mission Director is accused of having “superseded the powers of the government of Uttar Pradesh through this arbitrary notification.
Systemic Failure in Grievance Redressal
The applicant, Yogi M. P. Singh, also points to a critical failure in the grievance redressal mechanism (Grievance Status: PMOPG/E/2025/0008838):
- Complaint Status: The case was marked “closed” on 05/02/2025.
- Reason for Closure: The subordinate officer at the District level (Chief Medical Officer, Sant Kabir Nagar) submitted a report stating, “उक्त प्रकरण राज्य स्तर का होने के कारण अधोहस्ताक्षरी स्तर से निस्तारण संभव नहीं है” (The said matter is of State level, therefore, disposal is not possible at the level of the undersigned).
- The Injustice: This reflects a systemic breakdown where a grievance concerning the Directorate level (NHM Mission Director) was transferred to a subordinate District-level authority, who, predictably, had no power to act. The closure of the case based on such an irrelevant comment is termed a “kind of corruption in working of government,” leaving the applicants without a resolution and fostering a widespread feeling of being cheated among the youth.
A Call for Accountability and Vigilance Investigation
The entire episode is framed as a serious threat to the rule of law and an act that “promoted the corruption.” The applicant’s demands are clear:
- Cancellation of the Notification: The arbitrary, illegal, and unconstitutional notification issued on 17th January 2025 must be canceled.
- Formal Inquiry: An urgent order for an enquiry into the matter must be initiated to investigate the serious violation of law and to uphold accountability in governance.
- Vigilance Team Investigation: The corruption aspect in this centre-sponsored scheme must be investigated by a vigilance team.
The Mission Director’s action is not merely an administrative oversight but an alleged wilful disrespect for the judiciary and an overreach of authority, which requires immediate attention from the highest levels of the Government of Uttar Pradesh to restore public faith in the recruitment process.
📝 Summary of Key Violations and Core Issue (For Immediate Submission)
Subject: Urgent Appeal Against Arbitrary Closure of NHM UP Recruitment and Violation of Allahabad High Court Order (Grievance Ref: PMOPG/E/2025/0008838)
This document summarizes the grave violations committed by the Mission Director, National Health Mission (NHM), Uttar Pradesh, concerning the 17000+ recruitment drive, which requires immediate intervention at the highest State level.
| Area of Concern | Specific Violation/Issue | Details and Evidence |
| I. Judicial Contempt/Violation | Failure to comply with Allahabad High Court Order. | The High Court, in WRIT – A No. – 14572 of 2024 (Dated: 21.10.2024), directed Respondent No. 2 (NHM Director) to decide the petitioners’ representation within two months. The Mission Director issued a notification closing the recruitment drive on 17.01.2025 without deciding the pending representations (dated 03.09.2024 and 28.10.2024). |
| II. Arbitrary Authority (Ultra Vires) | Mission Director exceeded legal powers by abolishing established appointment procedures. | The Notification (Ref. no. 642/SPMU/NHM/HR/Appt./2024-25/ 6871 dated 17.01.2025) declared the drive closed and stated “no list of shortlisted candidates will be issued.” This arbitrarily closes appointments from the waitlist/reserve list, a practice consistently followed by both Central and State Governments, superseding the powers of the Government of Uttar Pradesh. |
| III. Undermining Governance/Corruption | The arbitrary decision is alleged to promote corruption and create lawlessness. | The decision, taken without legal backing or judicial compliance, is seen as an arbitrary act that raises suspicions of corruption in the recruitment drive, demanding an investigation by a vigilance team. |
| IV. Failure of Grievance Redressal | The State-level matter was mishandled and dismissed by a subordinate district authority. | Grievance PMOPG/E/2025/0008838 was marked ‘Closed’ on 05.02.2025 based on the District Medical Officer’s remark that the issue is of “State level” and disposal is not possible at their level. This constitutes a systemic failure, transferring a Director-level issue to a powerless subordinate, effectively denying the applicant justice. |
Key Demand
- Immediate Cancellation of the arbitrary notification dated 17.01.2025.
- Order a High-Level Enquiry into the matter, focusing on the violation of the High Court order and the alleged corruption/abuse of power by the Mission Director.
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