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Judgment
Heard counsel for the parties.
"2. Grievances of the petitioners are captured in the order dated 11.04.2016,
which is quoted hereunder:
"Learned counsel for the petitioners submits that the petitioners are not being accorded registration by the Jharkhand State Para Medical Council despite completion of diploma course in Para Medical Lab Technology from one Shine Abdur Razzaque Ansari Institute of Health Education and Research Centre. The Course has been approved by the AICTE also. AICTE has granted approval on the basis of recommendation of the State Level Committee of Department of Science and Technology. As a result of non-registration, they are not able to apply on line for participation in Joint Para Medical Staff Competitive Examination 2015. The last date of submission of application was 05.12.2015. However, in any such future recruitment exercise, petitioners may be left out of participation due to non- registration. 2. Learned counsel for the State seeks three weeks time to obtain instructions from the Respondent No. 3 - Jharkhand State Para Medical Council and file their response. 3. Learned counsel for the Jharkhand Staff Selection Commission would also have instructions before the next date. 4. List the case after four weeks in the 2nd week of May 2016. 5. I.A. stands disposed of accordingly."
Petitioners contend, as per the statement made at paragraph-8 of the writ
petition supported with Certificate of Intermediate at Annexure-7 series of the reply
to the counter affidavit, that they were holding the eligibility criteria of 10+2 when
they got admitted in the Institute for undertaking the Diploma Course of Medical
Lab Technology for the Session 2011-13. It is also contended that eligibility criteria
prescribed by NCTE of having 10th pass for undertaking the Diploma Course, was
changed in the year 2013 to 10+2 / I.Sc. However, these petitioners faced Jharkhand
Combined Entrance Competitive Exam, 2011 conducted by the State Board of
Technical Education, Jharkhand whereafter, they were recommended for admission
to Shine Abdur Razzaque Ansari Institute of Health Education and Research, Irba,
Ranchi. They came to be successful after completion of three years course, as per
Marks sheet at Annexure-3 series issued by the State Board of Technical Education,
Jharkhand. Registration to the Jharkhand State Para Medical Council has however
been declined on mistaken impression that petitioners have been admitted to the
Diploma Course only on the qualification of 10th Pass contrary to Rule-2(kha) of
"Jharkhand Para Medical / Para Dental Registration and Exam Conduct and Para
Medical Council Sub Rule, 2014", as per statement made at para-19 of counter
affidavit of Respondent Nos. 3 and 4. This stand of the Respondents is based upon a
misconceived understanding of the credentials of the petitioners relating to their
eligibility to undertake the Diploma Course in the Institute in question. Respondents
are therefore obliged to permit registration to the petitioners in Jharkhand State Para
Medical Council as all eligibility criteria stands fulfilled.
Learned counsel for the Respondents have harped upon the stand taken in
their counter affidavit that these petitioners got admitted in Para Medical Course
after 10th Pass exam only, though rule-2(kha) of 2014 Rules require eligibility
criteria of I.Sc for admission. Reference is also made to 2010 Rules at Para-21, sub-
rule whereof however was notified on 26.03.2014.
On consideration of the submissions of the parties and relevant material facts
noted above, it appears that there is misunderstanding as to the correct state of facts
in the minds of the Respondent authorities about eligibility of the petitioners for
being enrolled under Jharkhand State Para Medical Council. Petitioners have
produced the certificates of having cleared the Intermediate exam respectively in the
years 2011, 2007 and 2010 vide Annexure-7 series to their rejoinder in support of
their contention that they were wholly qualified even in terms of 2014 Rules at the
time of admission to the Diploma Course for the Session 2011-13 pursuant
to the recommendation of State Board of Technical Education, Jharkhand. It is
therefore evident that the Respondents need to examine afresh the case of the
present petitioners and permit them registration if they were eligible, as above, to
undertake the Diploma Course which they have successfully completed from the
Institute as also recognized by AICTE. Let such an exercise be undertaken within a
period of four weeks from the date of receipt of a copy of this order.
Writ petition is allowed in the aforesaid terms.