High Court Patna High Court - Orders

Onkar Kumar vs The State Of Bihar & Ors on 9 September, 2011

Patna High Court – Orders
Onkar Kumar vs The State Of Bihar & Ors on 9 September, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.10277 of 2011
                                      Onkar Kumar
                                           Versus
                              The State Of Bihar & Ors
                              ----------------------------------

2 09/09/2011 The stand of the State has been made known in

this case in the counter affidavit which has been filed

sworn by the Deputy Director, Mass Education, Human

Resources Development Department, Government of

Bihar, Patna. Their stand is that the document produced

or annexed by the petitioner in support of the authenticity

of the marks sheet of matriculation is a forged kind of

document not issued by the Bihar School Examination

Board. Petitioner had failed in Matriculation

examination but he had produced a certificate showing

that he had obtained 1st Division.

Even if it is a case of compassionate

appointment, if appointment has been obtained based on

fraudulent documents or qualifications, then the

petitioner cannot be permitted to remain in service even

for a day.

Learned counsel representing the Bihar School

Examination Board is granted three weeks’ time to file
-2-

counter affidavit with regard to the authenticity of

annexure-23 as well as the so called marks sheet of

matriculation examination annexed by the petitioner as

annexure-13.

Let this matter be listed in the same position on

27.09.2011 for further consideration.

AMIN/                  (Ajay Kumar Tripathi, J.)