Sima Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1420 of 2022 ====================================================== Sima Devi Wife of Sri Jainendra Kumar Ram Resident of Village and P.O.- Barka Balua, P.S.- Patahi, District- East Champaran. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Welfare Department, Bihar, Patna.
2.
The District Magistrate, East Champaran.
3.
The District Welfare Officer, East Champaran. 4.
The District Programme Officer, East Champaran. 5.
The Sub Divisional Officer, Pakridayal, East Champaran. 6.
The Block Development Officer, Patahi, East Champaran. 7.
The Block Welfare Officer, Patahi, East Champaran. 8.
The Bihar Sanskrit Siksha Board through its Chairman, Bihar, Patna. 9.
The Secretary, Bihar Sanskrit Siksha Board, Bihar, Patna. 10.
The Headmaster, 11.
The Headmaster, K.S.P.S.S.P cum High School, Dumari Baiju, Patahi, East Champaran.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dilip Kumar Tiwary, Advocate Mr. Lal Mani Sharma, Advocate For the State :
Mr. AC to GP -3 For the Board :
Kumari Sujata Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-06-2026 Heard learned counsel for the petitioner, learned counsel for the Bihar Sanskrit Shiksha Board and learned counsel for the State of Bihar.
2. The petitioner has filed the instant application praying for a direction to the respondents particularly respondents nos.8 and 9 to correct the entries made with respect
2/6 to the petitioner in the tabulation register of the year 2007 by writing the name of the father of the petitioner as Mahesh Ram therein.
3. It is submitted by learned counsel for the petitioner that the petitioner having passed the Madhyama Examination of 2007 in Second Division from the Bihar Sanskrit Shiksha Board, a certificate to the said effect was issued in favour of the petitioner. The certificate which has been brought on record as Annexure-2 to the writ application clearly mentions the name of the father of the petitioner as Mahesh Ram.
4. The petitioner was subsequently selected in the year 2010 as Vikash Mitra for Panchayat Balua Julfekarabad, Block Patahi, Sub Division Pakaridayal in the district of East Champaran on contract basis. The name of the husband of the petitioner was correctly mentioned in the selection letter for Vikash Mitra as Sri Jainendra Kumar Ram.
5. Subsequently, after the engagement of the petitioner, the certificate of the petitioner was sent to the Bihar Sanskrit Shiksha Board for verification. As per the information received from the Board, it was mentioned that in the tabulation register, the petitioner has been described to be the wife of Mahesh Ram.
3/6
6. Learned counsel for the petitioner submits that there is a clear error in the report furnished by the Bihar Sanskrit Shiksha Board wherein it is stated that her father's name finds mention in place of the name of her husband. Learned counsel submits that the genuineness of the certificate with respect to the Madhyama Examination issued by the Bihar Sanskrit Shiksha Board, Patna brought on record as Annexure-2 to the writ application has not been disputed by the Board. As a result of the inaccurate report having been received from the Board, it is contended by learned counsel for the petitioner that the petitioner was removed from the post of Vikash Mitra and as such the necessity for the instant writ application.
7. A counter affidavit has been filed on behalf of the Bihar Sanskrit Shiksha Board sworn by one Neeraj Kumar, Secretary of the Board. Paragraph no.4 of the counter affidavit is reproduced herein below for ready reference: "4. That it is stated in Paragraph no. 4 to 12 are matter of records however. The petitioner stated and claims that she appeared in the Madhyama Examination 2007 under code no. 1209 Roll no. 761 and passed in 2nd Division.
It is stated that the petitioner stated that as per the entry of Admit Card her name Sima Devi D/O Mahesh Ram wife of Jainandra Kumar Ram. However it is stated that in fact there is no any provision for
4/6 mentioning of husband name in the Admit card. It is stated that on perusal of Photo copy of Admit card Annexure 1 of writ application, it reveals that in the column of Examinee name both name is mention as Sima Kumari D/O Mahesh Ram and father's name column mention as wife of Jainendra Kumar Ram. It is further stated that the petitioner has annexed photo copy of Madhyama certificate in which father's name is mentioned as Mahesh Kumar and on the other hand the petitioner claims that in the hearing certificate husband name is mentioned as Jainendra Kumar Ram. But in the admission register always the name of father is mentioned, but not the husband name.
It is further stated that as per the available records to Madhyama Examination (GTR) the details of code no. 1209, Roll no. 761 year 2007 is noted below:- (i) Candidates name:- Sima Devi (ii) W/O Mahesh Ram (iii) Date of Birth - 08.05.1988 (iv) Obtained marks- 343 (v) Status of Result: Passed in 2nd Division therefore above details shows that in records G.T.R. it is mentioned as w/o Mahesh Ram in 2007, for notification so the board vide it is letter no. 7580 date 24.07.2021. A Photo copy of letter no.1580 dated 24.07.2021 is being annexed herewith and marked as annexure A to this petition."
(emphasis supplied)
8. On perusal of the relevant portion of the counter affidavit of the Board, it transpires that the Board clearly admits
5/6 therein that in the admit card, the petitioner is described as the daughter of Mahesh Ram and wife of Jainendra Kumar Ram and in the Madhyama certificate she is described as the daughter of Mahesh Ram.
9. Thereafter, it is stated that in the records of the Madhyama Examination (GTR), the petitioner has been described as wife of Mahesh Ram which in the opinion of the Court is clearly an error on the face of the record. The fact of the same being an error would also be evident from the Aadhar Card of the petitioner brought on record wherein she is clearly described as the wife of Jainendra Kumar Ram.
10. In view of the facts and circumstances of the case, there being no doubt with respect to the fact of the petitioner happens to be the daughter of Mahesh Ram and wife of Jainendra Kumar Ram, the respondent-Bihar Sanskrit Shiksha Board is directed to make appropriate correction in its tabulation register and its records with respect to the petitioner.
11. It is further directed that appropriate communications with the corrected records shall be made by the Secretary, Bihar Sanskrit Siksha Board, Bihar, Patna (respondent no.9) to the Sub Divisional Officer, Pakaridayal, East Champaran (respondent no. 5) in continuation of the earlier
6/6 report which finds mention/reference in the writ application.
12. The writ application stands allowed.
(Partha Sarthy, J) Saurabh/- U