Santosh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11189 of 2017 ====================================================== Santosh Kumar Son of Yogendra Prasad Yadav, Resident of Village -Shankarpur, P.S.-Muffasil, District-Munger ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Commissioner, Munger.

3.

The District Magistrate, Munger.

4.

The District Education Officer, Munger.

5.

The District Programme Officer, Munger.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Pandey For the Respondent/s :

Mr. Jitendra Kr. Roy No. 1-SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-07-2024

1. Heard learned counsel for the parties conerned.

2. Learned counsel for the petitioner submits that the petitioner has been terminated from the post of Panchayat Teacher on the ground that he has obtained the appointment on the basis of forged BTET (Bihar Elementary Teacher Eligibility Test), 2011 certificate and First Information Report has also been lodged against the petitioner.

3. Learned counsel further submits that the BTET-2011 certificate has been downloaded from the website of the BSEB (Bihar School Examination Board) and the endorsement of the BSEB annexed at Annexure-1/3 is

Patna High Court CWJC No.11189 of 2017(4) dt.01-07-2024 2/2 incorrect.

4. Learned counsel for the Bihar School Examination Board submits that the petitioner without approaching the District Appellate Authority has filed the present application for quashing of the First Information Report, in which the name of the petitioner is there. However, he may prefer an appeal before the concerned District Appellate Authority, if so advised.

5. In view of the aforesaid submissions, the present writ application is disposed with the liberty to the petitioner to approach the District Teachers Appellate Authority against the impugned order.

6. It is made clear that if an appeal is filed within one month from today, with condonation of delay petition, the District Teacher Employment Appellate Authority shall consider the same and shall pass a reasoned order, in accordance with law, within a reasonable time frame.

7. With the aforesaid observation and direction, this writ application is disposed.

(Anil Kumar Sinha, J) ashwani/- U