GANGAMANI KUMARI Vs. JHARKHAND STATE PARAMEDICAL COUNCIL

JUDGEMENT

(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 dtd. 25/7/2017 to the petitioner and she got her name registered in the Council obtaining the certificate of Registration dtd. 24/2/2018. 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 5/4/2018, 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 dtd. 9/5/2018 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 dtd. 6/6/2018 to the petitioner directing her to reply few queries which were duly replied vide representation dtd. 26/6/2018. 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 dtd. 6/6/2018. A meeting was held on 15/6/2018 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 dtd. 18/6/2018 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 dtd. 15/6/2018, the service of Rajesh Kumar Singh, contractual employee of the Council was terminated vide memo no. 165 dtd. 20/8/2018. 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.