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2021 DIGILAW 574 (JHR)

Gangamani Kumari v. Jharkhand State Paramedical Council, Ranchi through its Chairman

2021-08-03

RAJESH SHANKAR

body2021
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. 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 the petitioner from taking benefit of those in future. 4. Heard the learned counsel for the parties and perused the materials available on record. The petitioner has filed the present writ petition for issuance of direction upon the respondent-Council to return all her certificates which, according to her, have been arbitrarily retained by it. 5. The respondents while justifying the impugned action have contended that in the inquiry held by the Enquiry Committee of the Council, the certificates of the petitioner were found forged which were obtained by her in connivance with a contractual employee of the Council. 5. The respondents while justifying the impugned action have contended that in the inquiry held by the Enquiry Committee of the Council, the certificates of the petitioner were found forged which were obtained by her in connivance with a contractual employee of the Council. In support of the said contention, the respondents have brought on record the Tabulation Sheet of the examination held in the month of December 2016, wherein the petitioner has been shown as “failed.” The claim of the respondents is that the signatures of Tabulator I, Tabulator II and Controller of Examinations are forged in the marksheet of the petitioner. 6. It appears that the Enquiry Committee of the respondent- Council had issued notice to the petitioner putting certain queries to her calling upon to reply the same till 14.06.2018. The petitioner neither filed reply nor appeared in the meeting convened on 15.06.2018. On perusal of the letter of one Jai Prakash Singh (clerk) of the Council, it transpires that he had informed the petitioner about the said enquiry on telephone, however, the petitioner did not show any interest to respond to the allegations levelled against her. Finally, in the meeting convened on 15.06.2018, all the certificates of the petitioner except the admit card were found forged. The petitioner thus failed to avail the opportunity provided to her to controvert the allegation levelled by the Council. Hence, this Court does not find it appropriate to entertain the present writ petition filed for determining a purely factual dispute. 7. So far the prayer of the petitioner to send the said certificates to the State Forensic Laboratory, Jharkhand, Ranchi for verification of the signatures of the authorities of the Council and rechecking of her answer sheets by independent University/Institute is concerned, the same cannot be entertained by this Court under the writ jurisdiction. Had the petitioner raised the said claim before the Enquiry Committee of the Council, the same would have been effectively determined by the said Committee, however, the petitioner did not chose to avail the said opportunity. 8. In view of the aforesaid discussion, I do not find any ground to entertain the present writ petition. The writ petition being devoid of merit is accordingly dismissed. 8. In view of the aforesaid discussion, I do not find any ground to entertain the present writ petition. The writ petition being devoid of merit is accordingly dismissed. However, the respondent-Council is directed to prepare actual marksheet of the petitioner on the basis of the tabulation sheet as has been annexed as Annexure-A to the counter affidavit and supply the same to the petitioner.