Paramedical Staffs Associate Jharkhand v. State of Jharkhand
2025-03-03
ANANDA SEN
body2025
DigiLaw.ai
JUDGMENT : Learned counsel Mr. Akhilesh Kumar Srivastava, has appeared through virtual mode. There is no complaint with regard to clarity, quality in the audio or video. I.A. No.9628 of 2024 In this interlocutory application, the petitioner confines his prayer only to the extent of adding / impleading the Jharkhand Staff Selection Commission (JSSC), as party respondent to this writ petition. 2. From perusal of the file, since it is apparent that the Advertisement for recruitment has been issued by the Jharkhand Staff Selection Commission (JSSC), it is necessary to hear them also. 3. Accordingly, this interlocutory application for impleadment is allowed . The Jharkhand Staff Selection Commission (JSSC), is impleaded as party respondent. 4. Name of learned counsel Mr. Sanjay Kumar Piprawall, who represents the JSSC, shall henceforth be reflected in the cause list. 5. Necessary corrections be made in the cause title in red ink and a fresh typed copy of amended cause title page be also filed within two weeks. I.A. No.906 of 2025 This interlocutory application has been filed to implead302 persons as party respondents in the writ petition. 6. The petitioner in this writ petition has sought for following reliefs:- i. For the issuance of appropriate writ or a writ in the nature of mandamus commanding upon the Respondents (Respondent No.1 & 2) to immediately terminate all 321 or more para medical staffs working on contract in NHM (National Health Mission), JSACS (Jharkhand State AIDS Control Society), etc. programs without registration with Respondent No.3 be terminated and replaced with candidates registered with Respondent No.3 with requisite qualifications and have obtained Degree/Diploma from the institutions recognized by the Respondent No.3 in Jharkhand complying the guidelines of Respondent No.3 in public interest inasmuch as rendering health services to the people of Jharkhand is essential part of their fundamental right of right to life which includes safe and effective health services; ii. For the issuance of appropriate writ or a writ in the nature of mandamus commanding upon the Respondents (Respondent No.1 & 2) to act on the representation of the petitioner, contained in Letter no.43/JSR/2020 dated 12-01-2020 (Annexure-4) to the Principal Secretary, Department of Health, Medical Education and Family Welfare, Govt. of Jharkhand and constitute an inquiry into the engagement of the para medical staff working in Jharkhand under NHM, JSACS, etc.
of Jharkhand and constitute an inquiry into the engagement of the para medical staff working in Jharkhand under NHM, JSACS, etc. not registered with the Respondent No.3 and having qualification of Degree/Diploma from institutions not recognized by the Respondent No.3 and accordingly remove all such persons who are not complying the guidelines of Respondent No.3 and in their place engage para medical staffs from the State pool, complying under the guidelines of Respondent No.3; iii. For the issuance of appropriate writ or a writ in the nature of prohibition, for bearing the Respondent No.2 who is also the chairman of the Jharkhand State Paramedical Council, to issue or write letters such as letter no.301/2019-1745 (25) dated 09-09- 2022 (Annexure-5), letter no.301/2019-2374 (25) dated 16-12-2022 (Annexure-6/1) and letter no.301/2019-1143 (25) dated 19-05-2023 (Annexure-7) to the Civil Surgeon-cum-Chief Medical Officer of the different District of Jharkhand as well as to any other authorities such as Convenor, Government Paramedical Institute at RIMS, Ranchi / Shahid Nirmal Mahto Medical College and Hospital at Dhanbad / MGM Medical College and Hospital, Jamshedpur to impart special training to paramedical staffs, working on contract or on outsourcing basis under NHM, JHACS programms running under the department of Health, State of Jharkhand who are otherwise not eligible to be engaged as paramedical staffs or to get registered with the Jharkhand Paramedical Council either on account of their improper qualification or on account of having obtained training from the institutes, which are not recognised by the Jharkhand Paramedical Council, Respondent No.3, as the aforesaid action of the Respondent No.2 is itself contrary to the guidelines/resolutions taken by the governing body of the Jharkhand Paramedical Council in its meeting held on 15-02-2018 (Annexure-1) and moreover the same is also grossly against the public interest in as much as the right to health is a fundamental right of the citizen of this country/state, being part of right to life and liberty and any casual approach in the engagement / appointment of paramedical staffs may adversely affect the health services of the state of Jharkhand; iv.
For issuance of an appropriate writ or a writ in the nature of certiorari declaring the letter no.301/2019- 1745 (25) dated 09-09-2022 (Annexure-5), letter no.119/paramed dated 12-12-2022, letter no.301/2019-2374(25) dated 16.02.2022 (Annexure-6/1) and letter No.301/2019-1143(25) dated 19.05.2023 (Annexure-7) respectively and all actions taken thereunder including the registration of candidates, if any, who were otherwise not eligible to be registered for non-compliance of the guidelines of Jharkhand Paramedical Council, as illegal, invalid and null and void with such consequential orders and directions as this Hon’ble Court may deem fit including the direction for furnishing of all details relating to such actions, registration, regularisation etc. to consider, examine and quash the same. v. For the issuance of an appropriate writ or an order or direction in the nature of mandamus commanding upon the Respondents to rescind the prospectus/Brochure issued by Jharkhand Staff Selection Commission with Advertisement No. 20/2023 for Jharkhand Para Medical Combined Competition Examination-2023 for Pharmacist, Lab Technician, X-ray Technician and Nurse (Grade A) where in para 5 of the said advertisement minimum educational qualification has been mentioned which is different than the prescribed educational qualification in earlier prospectus for the same post issued by Jharkhand Staff Selection Commission with respect to educational qualifications, technical qualifications and other terms and conditions requiring 10+2 exam with science from any recognized University/Institution however, in the current prospectus educational qualification has been diluted to 10th or Matric/ 10+2 or I. Sc. Pass from any recognized University/Institution and earlier for technical qualification the candidate must have passed Degree or Diploma in Medical Lab Tech from a recognized Institute however, in current Prospectus it has been mentioned as Passed Laboratory practical Training from State Government training Institute like RMCH, Ranchi/RIMS, Ranchi/PMCH, Patna/DMCH, Darbhanga etc. or passed from any recognized institute of Central Government or State Government including those who have received minimum one year training as Medical Lab Technician from an Institute recognized by the Ministry of Human Resource Development, Government of India shall also be eligible candidates for the post of Laboratory Technician, which is itself dilutions of the guidelines of the Respondent No. 3 and in conflict with public interests, jeopardizing the health of the patients in unskilled hands compromising with the health services in the State, violating the fundamental right to life of the citizens which includes right to health and wellness; vi.
For the issuance of an appropriate writ or a writ in the nature of mandamus commanding upon the Respondents to alter the Reference date for calculation of maximum age limit from the notified date in the advertisement no. 20/2023 (Annexure 8) i.e. 01-08-2019 to 01-08-2010 in as much as such Advertisement/Notification has been issued for the first time in Jharkhand after creation of the State on 15-11-2000 and the Reference date of 01-08-2019 will disentitle many candidates from securing a job despite being eligible as to qualification and training complying under the guidelines of Respondent No.3; vii. For issuance of an appropriate writ or a writ in the nature of mandamus commanding upon Respondents to alter the conditions in Advertisement No. 20/2023 with respect to no. of questions to be asked which is mentioned as 50 which is in gross contrast to the mandate given in Jharkhand Gadget, notification No.-504 dated 13-10-2022 (Annexure- 9) published by Department of Personnel, Administrative Reforms and Rajbhasa, in which it is clearly mentioned that in such examinations 180 questions would be asked; viii. For issuance of writ of an appropriate writ or a writ in the nature of prohibition restraining Respondent No.2 and other Respondents from acting in gross violation of the guidelines of Jharkhand State Paramedical Council, Respondent No.3 in as much as the same is ex-facie fraud, wholly illegal, unjustified, arbitrary, unreasonable, discriminatory, disproportionate, mala fide, dehors the guidelines of Respondent No.3, as well as against public interest and is also violative of fundamental rights the right to life and liberty which ensure right to health and safe and effective health services provided by the State to its citizens; 7. The 302 Para Medical Contractual employees who are working under the National Health Mission (NHM) and Jharkhand State AIDS Control Society (JSACS), will be directly affected by the order passed in the instant writ petition. Thus, it has been sought to implead them as party respondents. The name of these persons have been furnished at Annexure-12 (page No.10) to this interlocutory application. 8. The State also admits that they are the necessary parties. 9. Considering the aforesaid submissions, these 302 persons are impleaded as party respondents (respondent Nos.6 to 307) to the writ petition. 10. Accordingly, this interlocutory application is allowed 11.
The name of these persons have been furnished at Annexure-12 (page No.10) to this interlocutory application. 8. The State also admits that they are the necessary parties. 9. Considering the aforesaid submissions, these 302 persons are impleaded as party respondents (respondent Nos.6 to 307) to the writ petition. 10. Accordingly, this interlocutory application is allowed 11. Necessary corrections be made in the cause title in red ink and a fresh typed copy of amended cause title page be also filed within two weeks. 12. Notices will be served by publication through general notice in the Prabhat Khabar Newspaper, having wide publication over the entire State of Jharkhand. The publication will be in respect of each of the District of the State. Further a copy of the notices will be served to the respective newly added respondents through the Civil Surgeons of each of the Districts, requisites etc., for which have to be filed within three weeks. 13. The office will thereafter handover the draft to the petitioner for publishing these notices in the newspaper. The petitioner will file a copy of the newspaper cutting along with an affidavit showing publication of the same. So far as notices to the individual person are concerned, District wise performa will be filed by the petitioner in the office, which will be duly filled up and will be sent to each of the Civil Surgeons of the District. W.P.(S) No.2828 of 2024 14. List this case after four weeks under the same heading.