Jharkhand High Court
Nagendra Mahli vs Rajendra Institute Of Medical ... on 11 October, 2023
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 939 of 2021
1. Nagendra Mahli
2. Shobha Minz
3. Satyendra Kumar Tirkey
4. Vishwanth Mahli
5. Ajay Minz
6. Akash Francis Toppo
7. Dhananjay Paswan
8. Bhishma Narayan Sharma
9. Puja Nayak
10. Anita Topno
11. Raju Xess
12. Sita Devi @ Sita Kumari
13. Ranjeet Khalkho
14. Praveen Kumar Rajak
15. Renu Singh
16. Amod Kumar
17. Shushma Devi
18. Dilip Kumar
19. Anil Kumar Singh
20. Dharmendra Kumar
21. Nilam Kumari
22. Anil Kumar ..... Petitioners
Versus
1. Rajendra Institute of Medical Sciences, Ranchi, through its Director
2. The Director, Rajendra Institute of Medical Sciences, Ranchi
3. The State of Jharkhand, through the Secretary, Department of Health,
Medical Education and Family Welfare, Ranchi
4. The Secretary, Department of Health, Medical Education and Family
Welfare, Government of Jharkhand, Ranchi ..... Respondents
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CORAM
HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioners: Mr. Rohit Ranjan Sinha
For the RIMS: Mr. A. K. Singh
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08/11.10.2023 The present writ petition has been filed primarily for quashing the
order as contained in memo No. 1592 dated 06.04.2021 (Annexure-4 to the
writ petition) passed by the respondent No.2 whereby after completion of
the selection process for appointment on the posts of Ward Attendants
pursuant to Advertisement No. 955(c) dated 08.03.2019, the same has been
cancelled by the respondent-RIMS and direction has been issued to take
steps for publication of fresh advertisement.
2. Learned counsel for the petitioners at the outset submits that a writ
petition being W.P.(S) No. 3267/2021 involving similar issue has been
disposed of by a coordinate Bench of this Court vide judgment dated
09.06.2022 quashing the impugned order as contained in memo No. 1592
dated 06.04.2021 passed by the respondent No.2 whereby the entire
selection process initiated in terms with Advertisement No. 955(c) was
cancelled with a direction to the respondent authorities to consider the case
of the said petitioners for appointment on Grade-IV post in view of the terms
and conditions of the appointment as mentioned in the said advertisement
and if there was no other legal impediments, to issue offer of appointment in
their favour. The respondent-RIMS thereafter preferred L.P.A. No. 565/2022
challenging the judgment dated 09.06.2022 which was disposed of by the
learned Division Bench vide judgment dated 11.08.2023 in the following
terms:
''60. Therefore, this Court is of the view that reason assigned
by the learned Single Judge in the impugned order cannot be
said to be unjustified but taking into consideration the
discussion made hereinabove and considering the fact that even
there is some irregularity since the same can be cured or
segregated hence cancellation of advertisement/entire selection
process will be said to be at the cost of genuine candidate
which cannot be said to be proper and justified otherwise for
the reason that for no fault of successful candidates they are
subjected to suffering, hence fresh select list is required to be
prepared.
61. This Court in entirety of facts and judicial
pronouncements, as discussed hereinabove, since is of the view
that fresh select list is required to be prepared, after
segregating the candidates who have resorted to malpractice or
submitted forged experience certificate, including the candidate
falling under reserved Category.
62. Therefore, the appellant-RIMS is hereby directed to:
(I). Scrutinize all the applications of the candidates afresh, as
per advertisement.
(II). Further scrutinize the experience certificate/other
testimonials attached with the applications properly and weed
out the forged/improper one.
(III). The experience certificate, if found to be forged, the
candidature of such candidate must be rejected - 34 - outrightly
by taking consequential follow-up legal action against such
candidate, if required.
(IV). The competent authority will take sincere endeavour for
consideration of candidature of candidates who are applicants
under EWS/reserved category by well scrutinizing their eligibility
criteria based upon the proper certificate issued in terms of the
policy decision of the State Government and if they are coming
under the parameter of such reservation policy, the benefit of
reservation under EWS/reserved category must be extended to
them.
(V). Since the recruitment process has stretched fairly for four
years for no fault on the part of the applicants, which put the
institution like RIMS in adverse situation due to urgent
requirement of class IV employees, therefore, it is directed to
complete the whole exercise of recruitment by publication of
„Fresh select list‟ within a stipulated period of three months
from the date of receipt of copy of this order.
(VI). Further, there is allegation of certain irregularities in the
process of selection, as such this Court deems it fit and proper
to direct the Director, RIMS to take appropriate legal action by
identifying the officers/staffs who were/are involved in the
faulty process of selection so as to deal with properly in
accordance with law.
Since the evasive control over the RIMS is upon the State
Government, therefore, the Additional Chief Secretary, Health
Department is directed to monitor the issue regarding the action
to be taken against illegal doers so that such type of instance
may not happen in future. Accordingly, the instant appeal
stands disposed of.
63. With the aforesaid modification in the impugned order
passed by the learned Single Judge and directions passed, as
above, the instant appeal stands disposed of
64. Pending Interlocutory Applications stand disposed of.''
3. Dr. A. K. Singh, learned counsel for the respondent-RIMS, accepts the
fact that the judgement dated 11.08.2023 passed by the learned Division
Bench in L.P.A. No. 565/2022 applies to the present case also.
4. Under the aforesaid circumstances, the present writ petition is also
disposed of in terms with the direction as contained in the judgment dated
11.08.2023 passed by the learned Division Bench in L.P.A. No. 565/2022.
5. Consequently, I.A. Nos. 5539/2022 & 9856/2022 also stand disposed
of.
Satish/- (RAJESH SHANKAR, J)
