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Patna High CourtCWJC/9547/2017disposed

Nitu Kumari v. The State Of Bihar And ORS

2020-02-14Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9547 of 2017 ====================================================== Nitu Kumari Daughter of Sri Ajay Kumar Rai, wife of Sri Mukul Vikash, residents of Village- Dhum Nagar, Bakhari, P.O.- Singaila, P.S.- Baruraj, District- Muzaffarpur, at present of Village- Gawasara Bangari, P.O.- Ema Bishunpur, P.S.- Karna, Baruraj, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Primary and Adult Education, Human Resources Development Department, New Secretariat, Patna 2.

The Director, Primary and Adult Education, Human Resources Development Department, New Secretariat, Patna 3.

The District Magistrate, Muzaffarpur.

4.

The District Education Officer, Muzaffarpur.

5.

The District Programme Officer (Establishment), Muzaffarpur. 6.

The Block Development Officer, Marwan Block, At and P.O. and P.S.- Marwan, District- Muzaffarpur.

7.

The Block Education Officer, Marwan Block, At and P.O. and P.S.- Marwan, District- Muzaffarpur.

8.

The Bihar School Examination Baord Secondary, Budh Marg, Patna through its Secretary.

9.

The Chairman, Bihar School Examination Board Secondary, Budh Marg, Patna.

10.

The Secretary, Bihar School Examination Board Secondary, Budh Marg, Patna.

11.

The Examination Controller, Bihar School Examination Board Secondary, Budh Marg, Patna.

12.

The Head Master, Middle School, Narhar Sarai, Marwan Block, At and P.O. and P.S.- Marwan, District- ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ved Prakash Srivastva For the Respondent/s :

Mr.Amit Bhushan, AC to Gp17 For the Board : Mr. Sunil Kumar Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-02-2020 Heard learned counsel for the petitioner and the respondents.

Patna High Court CWJC No.9547 of 2017(3) dt.14-02-2020 2/3 The petitioner was denied salary on the ground that there is doubt about the genuineness of the BSITET certificate. In this case, a counter affidavit has been filed on behalf of the Bihar School Examination Board. Para 9 and 10 of the same is quoted below.

"9. That in this respect it is humbly submitted that the details as given in the result card of the BSITET-2011 examination in question, furnished by the petitioner, under Roll No. 1609110224 has been verified carefully from the Tabulation Register and the respective data available at the Board, the relevant details as found therein are as follows:

Roll No. 1609110224 Name of the Candidate- NITU KUMARI Father's Name- AJAY KUMAR RAI, Category- BC Sex- FEMALE Phy. Challenged- N, Paper-I- Hindi Marks obtained in paper-I:-083= 055.33% Result- Q (Qualified).

10. That it is submitted that the details given in the result card (Anneure- ) of the said BSITET-2011 examination of the petitioner under Roll number1609110224, has been found matching with the given in the respective record of the said BSITET-2011 examination in question."

Considering the specific statements made in para in 9

Patna High Court CWJC No.9547 of 2017(3) dt.14-02-2020 3/3 and 10 of the counter affidavit quoted herein above, the writ petition is disposed of with a direction to the respondents to take appropriate corrective measures with regard to the claim of the petitioner and allow all admissible dues along with permission to mark the attendance and perform duty in the light of the averments made in para. 9 and 10 of the counter affidavit at the earliest preferably within a maximum period of three months from the date of receipt/production of a copy of this order. (Anil Kumar Upadhyay, J) uday/- U