Mewa Lal Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9850 of 2017 ======================================================

1. Mewa Lal Ram, son of Jalwshwar Ram, resident of Village- Daleganj, P.S.- Sasaram, Town and District- Sasaram.

.... .... Petitioner/s

Versus

1. The State of Bihar through its Principal Secretary, Home (Jail) Department, Govt. of Bihar, Patna.

2. The Secretary, Home (Jail), Govt. of Bihar, Patna.

3. The Inspector General, Prison and Correctional Services, Govt. of Bihar, Patna.

4. The Superintendent of Central Jail, Buxar.

5. The Superintendent of District Jail, Sasaram. null null

6. The Principal Secretary Finance, Govt. of Bihar. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Respondent/s : Mr. Sheo Shankar Pd.-Sc8 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-04-2018 The learned counsel for the parties are in agreement that the present case can be disposed of with a direction to the respondent no. 3 to consider the case of the petitioner in light of the fact that otherwise, the petitioner appears to be eligible for consideration for appointment to the post of Safai Majdoor but the hitch is that the petitioner is having two certificates relating to his educational qualification, one issued by the Rajkiya Madhya Vidyalaya, Barari and the other issued by the Madhya Vidyalaya, Aruhi which contain different dates of birth, although the difference is very minimal and the date of entry in both the certificates are also different.

Patna High Court CWJC No.9850 of 2017 (2) dt.12-04-2018 2/2 In such view of the matter, the respondent no. 3 is directed to consider the aforesaid aspect of the matter and conduct verification as to whether the second certificate issued by the Madhya Vidyalaya, Aruhi is genuine or not, specially keeping in mind the stand of the petitioner that the said certificate does not belong to the petitioner herein. The respondent no. 3 is directed to take a final decision in the case of the petitioner herein and pass a reasoned order within a period of eight weeks from today. In case, it is found that the second certificate issued by the Madhya Vidyalaya, Aruhi does not pertain to the petitioner herein, the respondent no. 3 shall consider the case of the petitioner on the basis of the first certificate. For the said purpose, the respondent no. 3 is directed to give an opportunity of hearing to the petitioner herein, before passing the final order.

The writ petition is disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U