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2022 DIGILAW 2674 (RAJ)

Jitendra Dewasi v. State Of Rajasthan

2022-11-01

ARUN BHANSALI

body2022
JUDGMENT 1. Counsel for the petitioner submits that the issue raised in the present writ petition is similar to the issue raised in CWP No.12555/2022 and other connected matters. 2. Counsel for the respondent State prays for time to file reply. 3. In SBCWP No.12555/2022 : Ashwin Patidar & Ors. v. State of Rajasthan & Ors., by order dated 13.10.2022 it has been directed as under: "These writ petitions have been filed by the petitioners aggrieved against the order dated 23.08.2022 (Annex.14), whereby the selection of the petitioners on the post of Nurse Junior Grade/Compounder pursuant to the advertisement dated 17.06.2021 has been cancelled and their names have been deleted from the select list and the inquiry report (Annex.15) given by the committee appointed by the respondent - Ayurved Department, which has formed the basis for passing of the order dated 23.08.2022. The petitioners claim to be eligible for the post of Nurse Junior Grade/Compounder based on the two years Diploma obtained by them in Ayurvedic Nursing & Pharmacy from Mahatma Gandhi University, Meghalaya in the final examination held in December, 2020. The petitioners also claim to have undergone their internship for six months at Bharat Ayurvedic Medical College Hospital and Research Centre, Muzaffarnagar (UP). All the candidates claim to have obtained level of marks, resulting in all of them getting placed almost at the top in merit list prepared by the respondents, pursuant to the advertisement dated 17.06.2021, wherein the criteria for arriving at the merit has been 70% marks obtained in the qualifying examination and 30% bonus marks based on the experience of the candidates. When the documents of the petitioners were scrutinized by the recruiting agency, for lack of verification of the documents, the names of the petitioners appeared in the merit list 'subject to verification' and therefore, though rest of the candidates appearing in the merit list were accorded appointment, the petitioners were not accorded appointment. The administrative department, for the purpose of verification of the degrees obtained by the petitioners formed a committee by its order dated 10.05.2022 consisting of the Director, Ayurved Department as its Chairman, one Senior Medical Officer Gr.-I and one Associate Professor as Members of the committee. The administrative department, for the purpose of verification of the degrees obtained by the petitioners formed a committee by its order dated 10.05.2022 consisting of the Director, Ayurved Department as its Chairman, one Senior Medical Officer Gr.-I and one Associate Professor as Members of the committee. The committee after investigation, came to the following conclusion :- fu"d"kZ% mi;qZDr rF;ksa ds n`f"Vxr of.kZr vfHker ds vk/kkj ij lfefr dk ;g fu"d"kZ gS fd egkRek xka/kh fo'ofo|ky; es?kky; ls fMIyksek bu vk;qosZn uflZax ,.M QkesZlh ikB~;Øe@'kS{kf.kd vgZrk izkIr dj foHkkx }kjk tkjh vk;qosZn twfu;j ulZ@dEikm.Mj HkrhZ esa vkosnu izLrqr djus okys vH;fFkZ;ksa }kjk izLrqr ekax i= esa of.kZr 'kS{kf.kd ;ksX;rk mDr in gsrq tkjh foKfIr esa vafdr 'kS{kf.kd ;ksX;rk@vgZrk dks iw.kZ ugha djrh gS rFkk egkRek xka/kh fo'ofo|ky; es?kky; ls mDr ikB~;Øe dks lapkyu dh iqf"V Hkh ugha gksrh gSA vr% lfefr ;g Li"V :i ls vfHk'ka"kk djrh gS fd egkRek xka/kh fo'ofo|ky; es?kky; ls izkIr fMIyksek bu vk;qosZn uflZax ,.M QkesZlh ikB~;Øe ds izek.k&i= xzkg~; ugha gSA As a consequence thereof, by the impugned order dated 23.08.2022 (Annex.14) as noticed herein-before, the candidature of the petitioners has been cancelled. 4. In the present writ petitions, the petitioners have, inter-alia, questioned the validity of the inquiry report and have emphasized that the conclusion arrived at by the committee essentially holding that the Diplomas obtained by the petitioners are fake, is not justified. 5. The material obtained from the University by the petitioners has been produced in this regard, however, the inquiry report (Annex.15) of the committee, is tell tale regarding the status of the Diplomas obtained by the petitioners. 6. During the pendency of the present writ petitions, the petitioners were directed to produce their Diplomas, as the petitioners had chosen to produce only the mark-sheets. 7. In response to the directions of the Court, the petitioners have produced provisional pass certificates issued by the Mahatma Gandhi University, Meghalaya indicating that the petitioners have passed examination held in December, 2020. The date of all these provisional passing certificates is 23.07.2021. 8. 7. In response to the directions of the Court, the petitioners have produced provisional pass certificates issued by the Mahatma Gandhi University, Meghalaya indicating that the petitioners have passed examination held in December, 2020. The date of all these provisional passing certificates is 23.07.2021. 8. Learned counsel for the respondent-State made submissions that from the certificates of internship produced by the petitioners said to have been undergone at Bharat Ayurvedic Medical College Hospital and Research Centre, all the internship certificates have been issued on 04.08.2021 and that even in absence of the purported internship certificates, the provisional pass certificates are being claimed to have been issued to the petitioners, which clearly establishes that the entire claim made by the petitioners is fake. 9. Learned counsel for the petitioners, during the course of submissions when they were put queries by the Court regarding the observations made in the inquiry report by the inquiry committee and the claim of the petitioners, wherein all the candidates have obtained huge marks, who probably could not get admission in State of Rajasthan for undergoing Diploma based on their performance at the qualifying examination, it was emphasized that the petitioners got an opportunity to undertake the course at Meghalaya, they availed the opportunity and have come out with flying colours by obtaining the marks to the extent that in merit list of TSP/Non-TSP Area, they are at the top. 10. From the overall fact situation, which has emerged wherein the committee has come to a categorical conclusion regarding absence of any course of the nature having been administered by the University at the relevant time and the petitioners emphasizing having undergone such a course, this Court is of the firm opinion that the matter requires further investigation by an appropriate authority/group. 11. Looking to the nature of employment i.e. for the post of Nurse Junior Grade/Compounder, who would be dealing with lives of unsuspecting vulnerable patients, the cases of those candidates, who have obtained top merit and their qualification has been found as fake by the committee, the matter has to be dealt with utmost caution and wariness. 12. 11. Looking to the nature of employment i.e. for the post of Nurse Junior Grade/Compounder, who would be dealing with lives of unsuspecting vulnerable patients, the cases of those candidates, who have obtained top merit and their qualification has been found as fake by the committee, the matter has to be dealt with utmost caution and wariness. 12. However, before ordering for the same, as the petitioners have claimed that they have paid fees for the course from time to time for a period of two years, they are granted an opportunity to produce the receipts of the payment made by them for undergoing the said Diploma at the University at Meghalaya. It would be required of the petitioners to produce the specific details regarding the manner and mode of payment of the fees/hostel charges by them to the University and the receipts thereof. 13. Further in case, the petitioners were not staying in the University Hostel/Hostel facility did not exist, each individual petitioner would be required to indicate the specific address where the petitioner had stayed in Meghalaya along with particulars of the landlord while undertaking his/her course at the University. 14. It would also be required of the petitioners to indicate the mode/manner of payment and produce the receipts/proof of fee paid/stipend received by them to/from Bharat Ayurved Medical College Hospital and Research Centre, Muzffarnagar (UP) for the period of internship said to have been undertaken by them. They would also produce the details of payment of fee paid to the Hostel at Muzffarnagar or the amount of rent paid and the particulars of the landlord, where they had stayed during the course of their internship at Muzffarnagar. 15. The above information provided by the petitioners would facilitate the investigation proposed to be conducted with regard to the authenticity of the Diplomas as well as validity of the inquiry report produced by the respondents, which has formed the basis for cancelling of their candidature. 16. For the purpose of facilitating a proper investigation, if required, the Bharat Ayurved Medical College Hospital and Research Centre, 10KM Rurkee Road, NH-58, Post Barla, Muzffarnagar (NCR) 251001 (UP) is impleaded as party respondent to the present petitions, amended cause title be filed. 17. Office is directed to amend the online record. Needful as ordered above be done under affidavit of each individual petitioner before the next date. 18. 17. Office is directed to amend the online record. Needful as ordered above be done under affidavit of each individual petitioner before the next date. 18. List these petitions on 01.11.2022. 19. Till then, the respondents shall not fill up the posts regarding which the candidature of the petitioners have been rejected." 20. The petitioners in the present writ petition shall also do the requisite in terms of order dated 13.10.2022. In the present case also, Bharat Ayurved Medical College Hospital and Research Centre, 10KM Rurkee Road, NH-58, Post Barla, Muzffarnagar (NCR) 251001 (UP) is impleaded as party respondent to the present petition, amended cause title be filed by the petitioners. 21. Office is directed to amend the on-line record. 22. List the petition on 23.11.2022 alongwith SBCWP No.12555/2022. 23. Till then, the respondents shall not fill up the posts regarding which the candidature of the petitioners have been rejected.