Disposed

Dinanath Kumar v. State of Jharkhand

Jharkhand HC20 Jun 2019WPC/6563/2018

Case brief

AI extract

What is this about?

The Jharkhand High Court disposed of a writ petition seeking registration under the Jharkhand Para Medical Council Rules, 2010, directing the respondent to examine the petitioner's representations and decide within six weeks.

What did the court decide?

Direction to the respondent to examine the petitioner's representation within six weeks and communicate the decision within stipulated timelines.

Dinanath Kumar Vs State of Jharkhand — Pension and Retirement Benefits | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P (C) No. 6563 of 2018

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Dinanath Kumar, Aged about 31 years, son of Sri Chandrika Mahto, Resident of Village + P.O.Sudna, P.S. Medni Nagar, District-Palamau.

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.…… Petitioner

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Versus

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1.The State of Jharkhand.

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2.Registrar, Jharkhand Para Medical Council, RIMS, Ranchi. 3.Civil Surgeon, Palamau. …… Respondents

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---------

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CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD ---------- For the Petitioner : M/s Nagmani Tiwari & Amit Kr. Verma, Adv. For the State : Mr. R.K. Shahi, A.C to A.G. For the RIMS : Dr. A.K. Singh, Adv.

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7/Dated: 20^th June, 2019

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This writ petition is under Article 226 of the Constitution of India, whereby and whereunder direction has been sought for upon the respondent no.2 to register the name of the petitioner in Jharkhand Para Medical Council and issue a certificate to that effect.

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It is the grievance of the petitioner that he after obtaining the requisite criteria laid down by the Health, Medical Education and Family Welfare Department dated 17.09.2010, whereby and whereunder Jharkhand Para Medical/ Para Dental Registration Control and Conduct Examination and Para Medical Council Rule 2010 has been constituted and thereafter he has made an application for issuance of certificate of registration from the Jharkhand State Para Medical Council, Ranchi, the respondent no.2 who has been represented through the Registrar of the respondent no.2.

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Learned counsel for the petitioner has submitted that under the aforesaid Rule 2010, a Board of Registration has been constituted in the State of Jharkhand as provided under Rule 5 (Kha) but as yet the certificate of registration has not been issued while the said certificate has been issued with respect to others. Further grievance of the petitioner is that to that effect due representation has been filed before the concerned respondent but the same has not been considered, therefore, this writ petition.

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Dr. A.K. Singh, learned counsel for the respondent has submitted that the petitioner due to bona fide mistake and inadvertence submitted copy to him to appear for RIMS, but RIMS is not relevant party rather only the office of the Jharkhand State Para Medical Council, Ranchi is situated in

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fourth floor of Rajendra Institute of Medical Sciences (RIMS) and may be deleted from the cause title of the respondents.

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Mr. R.K. Shahi, A.C to AAG appearing for the State of Jharkhand has submitted that the competent authority who is to redress the grievance before whom the petitioner has made representation which is pending, as would be evident from Annexure-3, therefore, appropriate order may be passed.

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After having heard learned counsel for the parties and looking to the submission as also considering the statement made by Dr. A.K. Singh, learned counsel for the RIMS, since the RIMS is not a party to be made in this proceeding, therefore, his appearance is ignored.

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This Court, taking into consideration the fact that the matter pertains to issuance of certificate of registration and since the petitioner has ventilated his grievance before the respondent no.2, therefore, this Court thinks it proper to dispose of the writ petition without entering into the merit of the claim of the petitioner giving liberty to the petitioner to file representation before the respondent no.2 by giving all details pertaining to the eligibility criteria as stipulated in the Rule 2010 and other documents if any in support of claim within two weeks from the date of receipt of copy of the order.

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The concerned respondent shall examine the documents and take decision in accordance with law within six weeks from the date of such representation.

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Needless to say that if the authority will come to positive decision regarding issuance of certificate, the said registration certificate will be issued to the petitioner within two weeks from the date of such decision. However, in case of any adverse decision, the same shall be communicated by passing specific order to the petitioner within the period aforesaid.

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The writ petition is disposed of, accordingly.

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(Sujit Narayan Prasad, J.)

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Saket/-

Dinanath Kumar v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

Dinanath Kumar v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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