SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2021 Supreme(Jhk) 444

IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Gangamani Kumari – Petitioner
Versus
Jharkhand State Paramedical Council, Ranchi through its Chairman – Respondent
W.P. (C) No. 3501 of 2018
Decided On : 03-08-2021

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Saibal Mitra.
For the Respondent: Mr. Deepak Kumar Prasad.

Headnote:

Constitution of India,1950 - Show cause notice - Council obtaining certificate of Registration - Petitioner’s form for final examination of DMLT for session was filled up through Maa Kalawati Institute of Health Education and Research Centre, Rajaulatu, Namkum, Ranchi and she appeared in examination held in month of December, 2016 as well as passed said examination getting - marksheet and passing certificate of DMLT petitioner and she got her name registered in Council obtaining certificate of Registration petitioner applied to Council for her engagement in any hospital for gaining experience - authority of Council directed petitioner to furnish her original certificate of DMLT as well as Registration Certificate - Petitioner appeared before respondent no. 3 Member Secretary, Jharkhand State Paramedical Council, RIMS Campus, Ranchi - Petitioner vide representation requested respondent no. 3 to return her original certificates as she was facing difficulty in applying for competitive examinations relating to posts requiring DMLT Certificate – Held, Respondent- Council had issued notice to petitioner putting certain queries to her calling upon to reply same till 14.06.2018. petitioner neither filed reply nor appeared in meeting convened On perusal of Council, it transpires that he had informed petitioner about said enquiry on telephone, however, petitioner did not show any interest to respond to allegations levelled against her meeting convened certificates of petitioner except admit card were found forged - Petitioner thus failed to avail opportunity provided to her to controvert allegation levelled by Council. Hence, this Court does not find it appropriate to entertain present writ petition filed for determining a purely factual dispute - State Forensic Laboratory, Jharkhand, Ranchi for verification of signatures of authorities of Council and rechecking of her answer sheets by independent University/Institute is concerned - Writ petition dismissed.

ORDER :

1. The present writ petition has been filed for issuance of direction upon the respondent nos. 1 to 3 to return the Original Passing Certificate, Original Marksheet, Original Admit Card of Diploma in Medical Laboratory Technology and Original Certificate of Registration of the petitioner, which have been retained by the respondent-Council for verification and till date, the same have not been returned to the petitioner.

2. The learned counsel for the petitioner submits that the petitioner had taken admission in an Institute namely, Tribal Social Welfare Society, Ranchi through Jharkhand Paramedical Entrance Competitive Examination (P.M.E.C.E.) 2012 for undergoing two years Course of Diploma in Medical Laboratory Technology (DMLT) for the session 2013-15 by changing allotted course of Health Inspector. The petitioner’s form for final examination of DMLT for the session 2013-15 was filled up through Maa Kalawati Institute of Health Education and Research Centre, Rajaulatu, Namkum, Ranchi and she appeared in the examination held in the month of December, 2016 as well as passed the said examination getting 201 marks out of total marks of 400. Thereafter, Jharkhand State Paramedical Council, Ranchi (hereinafter referred to as “the Council”) issued the marksheet and passing certificate of DMLT dated 25.07.2017 to the petitioner and she got her name registered in the Council obtaining the certificate of Registration dated 24.02.2018. In the month of April, 2018, the petitioner applied to the Council for her engagement in any hospital for gaining experience. Thereafter, the authority of the Council directed the petitioner to furnish her original certificate of DMLT as well as Registration Certificate. The petitioner appeared before the respondent no. 3 the Member Secretary, Jharkhand State Paramedical Council, RIMS Campus, Ranchi on 05.04.2018, however, the respondent no. 3 retained her Original pass Certificate, Original Marksheet, Original Admit Card of Diploma in Medical Laboratory Technology and Original Certificate of Registration for verification of their genuineness. The petitioner vide representation dated 09.05.2018 requested the respondent no. 3 to return her original certificates as she was facing difficulty in applying for the competitive examinations relating to the posts requiring DMLT Certificate. The President, Enquiry Committee issued show cause notice dated 06.06.2018 to the petitioner directing her to reply few queries which were duly replied vide representation dated 26.06.2018. It is further submitted that though all the certificates of the petitioner are genuine, the same have been retained by the respondent-Council without any cogent reason just to harass her.

3. The learned counsel for the respondents submits that the petitioner has never passed the examination held in the month of December 2016, as would be evident from the tabulation sheet prepared by the Council. Since the petitioner submitted forged documents before the Council, she was issued notice vide memo no. 107 dated 06.06.2018. A meeting was held on 15.06.2018 under the Chairmanship of Educational Coordinator-cum-Chairman, Enquiry Committee for verification of forged certificates in which it was found that only the Admit Card of the petitioner was genuine and other certificates such as Registration Certificate, Marksheet and Passing Certificate were forged. It was further observed by the Committee vide memo no. 119 dated 18.06.2018 that one Rajesh Kumar Singh (Accountant), who was a contractual employee of the Council had issued said forged marksheet and certificate in connivance with the petitioner. Pursuant to the proceeding dated 15.06.2018, the service of Rajesh Kumar Singh, contractual employee of the Council was terminated vide memo no. 165 dated 20.08.2018. It is also submitted that the respondent no. 3 has directed to seize all the certificates of the petitioner except admit card since false signature was found over the same to prevent

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top