IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1054 of 2010
In
Civil Writ Jurisdiction Case No. 18545 of 2009
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1. Geeta Kumari W/O Ram Nagina Prasad, D/O Sitaram Sah R/O Vill.-
Bhaluaha, P.O. Hanuman Nagar (Madhe Sara) P.S. Sonbarsa, Distt.-
Sitamarhi
…Petitioner …. Appellant/s
Versus
1. The State Of Bihar Through The Principal Secretary Human Resources
Development, Govt. Of Bihar, Patna
2. The Principal Secretary, Human Resources Development, Govt. Of
Bihar, Patna
3. The Director, Primary Education, Bihar, Patna
4. The D.S.E. Sitamarhi
5. The B.E.E.O., Choraut, Sitamarhi
6. The B.D.O. Choraut, Sitamarhi
7. The District Teacher Appointment Appellant Authority, Sitamarhi
8. The Mukhiya, Gram Panchayat Raj Choraut West, Sitamarhi
9. The Panchayat Secretary, Gram Panchayat Raj Choraut West, Sitamarhi
10. Shakuntala Kumari W/O Ramesh Kumar Mahto R/O Vill.- Chandra
Saina, P.O. Choraut, P.S. Pupri, Distt.- Sitamarhi
…Respondents …. Respondent/s
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Appearance :
For the Appellant/s : Mr. Ashok Kumar Mishra 2, Advocate
Mr. Varun Kumar I, Advocate
For the Respondent/s : Mr. Sheojee Prasad, GP 2
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3 22-11-2011 Heard learned counsel for the appellant and learned
counsel for the State.
The Writ Court has dismissed writ petition preferred
by the appellant on account of finding given by the District
Teachers Employment Appellate Tribunal, Sitamarhi that on the
date of counselling the appellant/ writ petitioner failed to produce
Patna High Court LPA No.1054 of 2010 (3) dt.22-11-2011
2
the original certificates of educational qualification to support her
claim. The Tribunal has recorded that no receipt showing
submission of original educational certificates was available with
the appellant. Subsequently a document was produced before the
Writ Court containing only an initial dated 30.10.2007 which was
the date of counselling, was not found reliable. That document has
been annexed as Annexure- 1 to the memo of this appeal. The
receipt itself is for a different purpose dated 30.12.2006 showing
that the appellant had submitted her application for appointment.
But under the said receipt allegedly the Panchayat Secretary had
given his signature in short on the date of counseling i.e.
30.10.2007. The initial is not indicative of the fact that any
original educational certificate was submitted for the purpose of
counselling. This document was brought on record after the
decision by the Appellate Tribunal. Hence, in our view, the Writ
Court committed no error in not interfering with the findings of the
Tribunal.
The appeal is, therefore, dismissed.
(Shiva Kirti Singh, J)
(Ahsanuddin Amanullah, J)
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