IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Neelam Kerketta - Petitioner
Versus
The State of Jharkhand through the Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi – Respondents
W.P.(S) No. 2196 of 2019
Decided On : 07-03-2024
| Table of Content |
|---|
| 1. court oversight for administrative cancellation of candidature. (Para 1 , 2) |
| 2. equivalent diploma courses constitute valid professional qualification. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 3. claim of equivalence despite certificate non-compliance. (Para 10 , 11 , 12 , 13 , 14) |
| 4. strict adherence to mandatory advertisement eligibility criteria. (Para 15 , 16 , 17 , 18) |
| 5. judicial review limits on determining qualification equivalence. (Para 19 , 20 , 21 , 22 , 23 , 24) |
| 6. court cannot equate degrees without employer guidelines. (Para 25 , 26 , 27 , 28 , 29) |
| 7. candidates responsible for seeking verification before application. (Para 30 , 31 , 32 , 33 , 34) |
| 8. writ petition dismissed for lack of merit. (Para 35) |
JUDGMENT :
W.P.(S) No. 2163 of 2019 has been filed for issuance of direction upon the respondent no. 4-the Examination Controller, Jharkhand Staff Selection Commission (JSSC), Ranchi to declare the petitioner successful in ‘Jail Hospital Paramedical Combined Competitive Examination-2018’ under ‘Scheduled Tribe’ category pursuant to Advertisement No. 01/2018. Further prayer has been made for quashing the Important Notice No. 10 dated 16.04.2019 issued by the respondent no. 4 whereby the petitioner has been declared ineligible and her candidature has been cancelled on the ground that she has not submitted required certificate of ‘Diploma in X-Ray Technician’.
2. W.P.(S) No. 2196 of 2019 has been filed for issuance of direction upon the respondents to appoint the petitioner on the post of ‘X-Ray Technician’ pursuant to Advertisement No. 01 of 2018 as vide Important Notice No. 10 dated 16.04.2019, he has been declared ineligible and his candidature has been cancelled by the respondent- JSSC on the ground that he possesses certificate of ‘Diploma in CT Scan Technician’ instead of ‘Diploma in X-Ray Technician’.
Argument advanced on behalf of the petitioner of W.P.(S) No. 2163 of 2019
3. Learned counsel for the petitioner- Neelam Kerketta submits that the petitioner completed one year ‘Diploma Course in Radiography’ conducted by the Department of Radiology, Darbhanga Medical College Hospital, Laheriasarai, Darbhanga (Bihar) during the session-1997-1998 and a certificate to that effect was issued to her vide memo no. 783 dated 11.03.2006. Thereafter, the petitioner got herself registered under the Jharkhand State Paramedical Council, Ranchi, vide registration no. 1686 dated 17.09.2014 and till the date of filing of the present writ petition, she was working on contractual basis in Sadar Hospital, Doranda as a paramedical Staff.
4. It is further submitted that Advertisement No. 01/2018 was issued by the respondent no. 4 for conducting the Jail Hospital Paramedical Combined Competitive Examination-2018 for appointment of eligible Para-Medical Staffs on the various vacant posts in different Jail Hospitals of the State of Jharkhand. As per the said advertisement, altogether 10 posts of ‘X-Ray Technician’ were advertised, out of which 3 posts were reserved for ‘Scheduled Tribe’ category. The petitioner applied for the post of ‘X- Ray Technician’ under the ‘Scheduled Tribe’ category and after being declared successful in the written test, she was called vide Important Notice No. 06 dated 08.02.2019 for verification of documents which was scheduled to be held on 14.02.2019.
5. The petitioner appeared for documents verification and got all her documents verified, however vide letter no. 2569 dated 14.02.2019, she was asked to submit the original certificate of Intermediate, pursuant to which she submitted the said certificate within the stipulated date and time. Subsequently, letter no. 2744 dated 28.02.2019 was issued by the respondent no. 4 asking the petitioner to submit the certificate of ‘Diploma in X-Ray Technician’ mentioning that she had submitted the certificate of ’Diploma Course in Radiography’. Thereafter, the petitioner approached the appropriate authority of Department of Radiology, Darbhanga Medical College Hospital,
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