High Court Patna High Court - Orders

Hiralal Ram vs The State Of Bihar &Amp; Ors on 9 November, 2010

Patna High Court – Orders
Hiralal Ram vs The State Of Bihar &Amp; Ors on 9 November, 2010
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CWJC No.15882 of 2010
                HIRALAL RAM s/o Shri Sudarshan Ram, resident of village-
                Saichani, P.O. Dighwalia, P.S. - Raghunathpur, District- Siwan, at
                present posted and working as Panchayat Teacher in Govt. Primary
                School Majilasa, Anchal- Raghunathpur, District- Siwan.
                                      Versus
                1. THE STATE OF BIHAR
                2. The Principal Secretary, Human Resources Development
                Department, Govt. of Bihar, Patna.
                3. The Director, Primary Education, Bihar, Patna.
                4. The Divisional Commissioner, Saran Division at Chapra.
                5.The District Magistrate, Siwan.
                6. The Deputy Development Commissioner-cum- Chairman, District
                Education Establishment Committee, Siwan.
                7. The District Superintendent of Education, Siwan.
                8. The Block Development Officer, Raghunathpur, District- Siwan.
                9. The Block Education Officer, Raghunathpur, District- Siwan.
                10. The Mukhiya of Gram Panchayat Raj Dighwalia, Block-
                Raghunathpur, District- Siwan.
                11.The Panchayat Secretary of Gram Panchayat Raj Dighwalia,
                Block- Raghunathpur, District- Siwan.
                12. The Headmaster, Govt. Primary School Majilasa, Anchal
                Raghunathpur, District- Siwan.
                13.The Member, District Teacher's Employment Appellate Authority,
                Siwan.
                14. Shri Sugreev Ram s/o Shri Rajnath Ram, resident of village &
                P.O. Dighwalia, P.s.- Raghunathpur, District- Siwan.

                                     -----------

For the Petitioner : Mr. Umesh Kumar Mishra
For the State : S.C. 13

2 9.11.2010 The petitioner is aggrieved by the order dated 29.7.2010

passed in Case no. 15 of 2010 by the District Teachers Appointment

Appellate Authority, Siwan. The impugned order is contained in

Annexure 15 to the writ petition.

The matter relates to the appointment of Shiksha Mitra in

the year 2003. It appears that respondent no. 14, Shri Sugreev Ram,

filed an application before the tribunal in the year 2010 complaining

that the petitioner’s selection , as Shiksha Mitra , has done in the year
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2003 was based upon a forged mark sheet of matriculation

examination. He had higher marks. From the order of the tribunal it

appears that the tribunal made an enquiry about the authenticity of the

mark sheet, as given by the petitioner , to be correct. It also made

enquiry from the two schools in which the petitioner had studied and

the Principal reverted stating that the mark sheet was not correct. On

basis thereof the tribunal held that the marks that were obtained by the

petitioner cannot be relied upon.

It may be noted here that the petitioner himself has

annexed the mark sheet, as Annexure 1 to the writ petition, which shows

his aggregate marks in matriculation was 442 and not 633.It would now

depend as to what is mark that was used for making the selection of the

petitioner. If petitioner’s selection was on basis of marks in

matriculation being 663, it would obviously be on basis of an incorrect

mark sheet because the petitioner himself in this writ petition does not

accept that as the correct marks.

On the other hand, if it has been worked out on basis of

442 marks in matriculation that would be a different matter. Thus, I set

aside the order of the tribunal and remand the matter to the tribunal for

fresh consideration. The tribunal would call upon the authority to

furnish the merit list and then see from that merit list as to what mark

has been used to calculate the relative merit and then take a decision

afresh in the matter after hearing the parties. The tribunal would take a

decision in the matter within one month from the date of production of a

copy of this order before the tribunal and that order would then
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supersede the impugned order of the tribunal.

On behalf of petitioner it has been urged that in respect of

selection of the year 2003, no challenge could be entertained in the year

2010. Reliance in this regard has been placed on a decision of this

Court in the case of Alok Kumar -v- The State of Bihar & ors since

reported in 2009(2) PLJR 929. In my view, this is not a case where the

question of relative merit is concerned, it is a case of having obtained

appointment on basis of a forged document, which is an inherent wrong

giving no right to the appointee to continue, if it is so found.

With the aforesaid observations and direction, the writ

petition is disposed of.

singh                      (Navaniti Prasad Singh,J)