Chandan Kumar, v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4366 of 2020 ====================================================== Chandan Kumar, Son of Sri Kant Singh, Resident of Village- Dhanpurwa, P.S. Sahsaram Muffasil, District-Rohtas.
... ... Petitioner/s
Versus
1.
The State of Bihar through its Chief Secretary, Govt. of Bihar, Patna. 2.
The Principle Secretary, Agriculture, Govt. of Bihar, Patna. 3.
The District Agriculture Officer, Rohtas at Sasaram. 4.
The Block Agriculture Officer, Nokha, District-Rohtas. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Ataul Haque, Advocate For the Respondent/s :
Mr. Raghwanand (Ga11) Mr. Utpal Kant, AC to GA-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 07-12-2023 Heard learned counsel for the petitioner and learned counsel for the State.
2. The present writ petition has been filed for quashing Memo No.1997 dated 21.09.2019 issued by District Agriculture Officer, Rohtas at Sasaram.
3. Learned counsel for the petitioner submits that petitioner has passed the Matriculation examination in the year 2001, Intermediate examination in 2002 and thereafter take admission in Bundelkhand University at Jhasi in the course of Bachelor of Science Agriculture. He has passed the said examination and on the basis of said examination he appeared in
Patna High Court CWJC No.4366 of 2020 dt.07-12-2023 2/3 the process of appointment for the post of Agriculture Coordinator and on the basis of his said qualification he has been appointed on the post of Agriculture Co-ordinator, District Agriculture Office, Rohtas at Sasaram. His marks-sheet and certificate was sent for verification to the University and the University has made categorical reply that according to the records of University the marks sheet/certificate is forged and it is due to this reason the impugned letter under challenge vide Memo No.1997 dated 21.09.2019 has been issued by which the petitioner has been removed from service.
4. Learned counsel for the State has filed counter affidavit and in the said counter affidavit it has been mentioned that the appointment letter for the post of Agriculture Coordinator by Bihar Staff Selection Commission, Patna, has been issued and the said appointment was subject to verification of the certificates. It has been mentioned that the petitioner's certificate was sent for verification to the Bundelkhand University and after making series of correspondences his marks sheet was found forged, which is Annexure-R/9 to the counter affidavit and it is due to this reason removal letter has been issued which is order impugned.
5. After going through the pleadings and
Patna High Court CWJC No.4366 of 2020 dt.07-12-2023 3/3 documents particularly two documents which are very much relevant i.e., Annexure-9 which is the marks sheet on the basis of which the petitioner has found appointment and AnnexureR/9 which is the letter issued by the Bundelkhand University. Upon comparison in presence of the counsel for the petitioner that name, father's name, university name, roll number and the examination are correct. In both Annexures-9 and R/9 correct and identical but University has made specific comment that as per the records of the University the marks sheet/degree is false. It is due to this reason, this Court is of the opinion that petitioner has no case and, hence, this writ petition is dismissed. (Dr. Anshuman, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.12.2023 Transmission Date NA