GOVERNMENT OF ANDHRA PRADESH

HEALTH, MEDICAL AND FAMILY WELFARE (J2) DEPARTMENT

 

 

 

MEMO No.23496/J2/2002-3                                                            DATED:24-12-2002

 

Sub:     APM&HS – All India Institute of Local Self Government, Bombay/Karnataka – Enquiry Report – De-recognition of diploma in SITE being awarded by the All India Institute of Local Self Government, Bombay/Karnataka – Show-cause Notice  – Issued.

 

Ref:     1. G.O.Ms.No.500, Health Medical & Family Welfare (J2)

                   Department, dated 13.10.1993

2.      G.O.Ms.No.64, Health Medical & Family Welfare (J2) Department, dated 3.2.1996.

3.      From the High Court of Andhra Pradesh, Hyderabad interim orders dated 22.2.1996 in WPMP No.3736/96 in W.P.No.3102/96.

4.      From the High Court of Andhra Pradesh, Hyderabad orders dated 16.4.2001 in W.P.No.3102/96, 24701/99 and C.C.No.625/2000.

5.      Govt.Lr.No.4808/J2/94-40, HM&FW (J2) Department, dated 10.8.2002.

6.      Letter from the Director General, All India Institute of Local Self Government, Mumbai letter dated 6.9.2002.

7.      From the Chairperson, Enquiry Committee and Commissioner of Family Welfare, and E.O. Secretary to Government, HM&FW Deptt., Hyderabad D.O.Lr.No.3882/PHSB/2002, dated 26.10.2002.

 

-ooOoo-

 

                        In the reference 1st read above, Government have issued orders recognizing the certificates issued by All India Institute of Local Self Government, Bombay/Karnataka for the purpose of appointment to the post of Multipurpose Health Assistants in Andhra Pradesh and an amendment was issued to that effect to the rules governing the posts of Multipurpose Health Assistants in G.O.Ms.No.273, Health Medical and Family Welfare (H1) Department, dated 24.4.1989 incorporating the above certificate as required qualification for the posts of MPHA (M).  Certain complaints have been received against the private institutions in regard to issue of diplomas.  While examining the complaints received in respect of the private institutions regarding awarding of diploma in Public Health and Sanitation Technology, Government have reviewed the position of trained number of male and female Multipurpose Health Assistants in Government Training centers in Andhra Pradesh and waiting for employment, and issued orders in the reference second cited canceling the orders issued in G.O.Ms.No.500, Health Medical and Family Welfare (J2) Department, dated 13.10.93 and G.O.Ms.No.35, Health Medical and Family Welfare (J2) Department, dated 30.1.95, in which permission was accorded  recognizing the Diploma certificate being awarded by (1) Institute of Public Health and Hygiene, New Delhi and (2) All India Institute of Local Self Government, Bombay/Karnataka vide G.O.Ms.No.64, Health Medical & Family Welfare (J2) Department, dated 3.2.96 respectively. 

 

2)                    Aggrieved by the above orders, the Institute of Health and Hygiene, New Delhi has filed W.P.No.3102/1996 in the Hon’ble High Court of Andhra Pradesh, Hyderabad seeking directions of the Hon’ble Court to suspend G.O.Ms.No.64, Health, Medical and Family Welfare (J2) Department, dated 3.2.1996.  The Hon’ble High Court of Andhra Pradesh has passed directions  in its order dated 22.2.96 for interim suspension of the orders issued in G.O.Ms.No.64, HM&FW (J2) Department, dated 3.2.96.  Counter has been filed in the said W.P. by the Government.

 

3)        In the reference 4th cited the Hon’ble High Court of Andhra Pradesh has disposed of the W.P.No.3102/96 with the following directions:

 

“Further, the reasons for canceling the amendment to our mind is extraneous in the process of decision making.  The diploma certificate awarded by the petitioner institute was recognized on the ground that those certificates granted by the All India Institute of Local Self Government, Bombay, as the syllabus is one and the same.  In matters of equation of academic degrees and Diplomas, one of equation of academic degrees and Diplomas,  one of the relevant consideration is the nature and structure of the course; besides the standards. Ordinarily, the mere fact that there are large number of unemployed diploma holders, is not a ground for de-recognising the  Diploma granted by the petitioner Institute. For these reasons, we are of the considered opinion that the impugned G.O. is unsustainable though it is always open for the Government, which is competent to amend the Special Rules and take appropriate action in exercise of powers conferred by the proviso to Article 309 of the Constitution of India.  Needless to point out that the statutory rules can always be questioned on the ground of unreasonableness (See Indian Express News Paper V.Union of India-2)

 

The matter has been examined in the light of the directions of the Hon’ble High Court for  issue of an amendment to the G.O.Ms.No.273, HM&FW (H1) Department, dated 24.4.1989 deleting the certificate awarded by All India Institute of Local Self Government, Bombay/Karnataka from the method of appointment to the post of MPHA (M) which was earlier included in G.O.Ms.No.500, Health Medical & Family Welfare (J2) Department, dated 13.10.93.

           

4)        The Director General, All India Institute of Local Self Government, Bombay/Karnataka has been requested vide Government letter No4808/J2/94-40, dated 10.8.2002 to furnish the details of syllabus and details of infrastructure , staff, examination pattern, clinical attachment to a recognized hospitals within a week, failing which, it will be presumed that they were not equipped to conduct the above course and further action will be taken based on the material available with the Government.  The Director General of the Institute has also been requested to state whether their Institute has opened any branches in Andhra Pradesh to conduct the said course and if so, to furnish the list of such branches to the Government.  The Director General, All India Institute of Local Self Government, Bombay/Karnataka in his reply 6th cited  has not furnished the information on important aspects relating to infrastructure and clinical attachment which has been sought for by the Government.

 

5)        When the matter stood thus Government have accorded permission for filling up the 2324 vacancies of MPHA (M) and other Paramedical posts in the State on contract basis initially for a period of one year by conducting a written examination.  Accordingly, a notification was issued on 20.7.2002 and  a written examination was conducted on 11.8.2002 for recruitment of the said Paramedical staff.

 

6)        Subsequently, it has been brought to the notice of the Government by certain individuals and District Officials and reports appeared in the press alleging that certain irregularities have taken place in issue of Diploma Certificates in Public Health and Sanitation Technology issued by certain private institutions including the Institute of Public Health and Hygiene, New Delhi.  It has also been alleged that the certificates have been issued improperly in the name of institutions in favour of individuals purported to have undergone training  from certain other branches, for which no permission was accorded by the Government.  As there was a prima-facie case of large scale unauthorised issue of certificates for pecuniary benefit and without conducting the course in proper manner etc., Government have decided to conduct an in-depth enquiry into the allegation of issue of bogus Diploma certificates etc. Instructions have also been issued for seizing of the records of the said institute.

 

7)        Accordingly, Government have issued orders constituting a Committee to enquire into the allegations of issue of bogus certificates of Diploma in Public Health and Sanitation Technology by the Private Institutions.

 

8)        The Committee has submitted his report on 26.10.2002. The Committee has reported that enquiry reveals that this institute  does not have any branches in Andhra Pradesh but has branches in other States.  As per the information furnished by the authorized representative of the institute, the course is being conducted at the following centers:

 

(1)      Ahmedabad (2) Mumbai, (3) New Delhi, (4) Jaipur, (5) Pune, (6) Belgaum, (7) Vadodara, (8) Bhopal, (9) Bangalore, (10) Thiruvananthapur, (11) Jodhpur, (12) Cochin, (13) Pandichery,and (14) Nagpur.

 

9)                    The certificates of the 333 candidates who applied for the recent examination indicated that most of the candidates belonged to the Belgaum or Bangalore Centres.  Hence, the institution was asked to furnish the list of candidates who had qualified from their institutions at Bangalore and Belgaum Centres.  Since information was furnished by the Institute for candidates who had qualified after 1994-95, cross verification was not possible in case of 70 candidates.  Out of the remaining 263 candidates, the names of only 120 candidates appeared in the list furnished by the Institute.  It can be thus inferred that the certificates produced by the remaining 143 candidates are not authentic.

 

10)                  In view of the  findings of the enquiry, the Committee has recommended to take action to cancel the recognition awarded to the Diploma in Public Health and Sanitation Technology of all the private Institutions including the All India Institute of Local Self Government, Bombay/Karnataka.  The institution has also failed to furnish the information regarding infrastructure and clinical attachment etc., which  has been sought for by the Government.

 

11)      Government after careful examination of the matter have decided to accept the above recommendation of the Enquiry Committee for cancellation of the recognition awarded to the Diploma in Public Health and Sanitation Technology of  all the private Institutions including the All India Institute Local Self Government, Bombay/Karnataka  with a view to ensure good quality and standards in issue of diploma Certificate in Public Health and Sanitation Technology. Further, the findings of the Enquiry Committee Vindicates the earlier action of the Government in having cancelled the Diploma award by the All India Institute of Local Self Government, Bombay/Karnataka.

 

12)      In view of the above and keeping in view the order of the High Court dated 16.4.2001 in W.P.No.3102/96, referred to in para (3) above  Government who are the competent authority have therefore provisionally decided to cancel the orders issued in G.O.Ms.No.500, Health Medical & Family Welfare (J2) Department, dated 13.10.1993 recognising the diploma in Public Health and Sanitation Technology, All India Institute of Local Self Government, Bombay/Karnataka  for the purpose of appointment to the posts of MPHA (M) in Andhra Pradesh and to cancel the amendment issued to that effect in G.O.Ms.No.273, Health Medical and Family Welfare (H1) Department, dated 24.4.89.

 

13)      Accordingly, Government hereby direct the Director General, All India Institute of Local Self Government Mumbai, of to show-cause within (10) days from the date of receipt of this Memo along with original records if any to substantiate any claim that may be made to the contrary,  as  to why the recognition orders issued in G.O.Ms.No.500, Health Medical & Family Welfare Department, dated 13.10.1993 to the certificate  of Sanitary Inspectors Diploma Training Course being awarded by the  All India Institute of Local Self Government, Bombay/Karnataka for purpose of appointment to the post of MPHA in Andhra Pradesh should not be cancelled,  failing which, further action will be taken in the matter on the basis of records available with the Government.

 

M. CHAYA RATAN

PRINCIPAL SECRETARY TO GOVERNMENT

 

To

The Director General, All India Institute of Local Self Government,

   Sthanik Raj Bhavan, C.D. Barfiwala Marg,

   Andheri (West), Mumbai – 58.

The Director of Medical Education, A.P., Hyderabad.

The Director of Health, A.P., Hyderabad.

            The P.S. to Min. (HM&FW)

            The P.S. to Prl.Secy. (HM&FW)

            The P.S. to E.O.Secy. (HM&FW)

            SF/SCs.

 

// FORWARDED :: BY ORDER //

 

SECTION OFFICER.