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Patna High CourtCWJC/3314/2018disposed

Runna Kumar v. The State Of Bihar And ORS

2018-03-09Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3314 of 2018 ====================================================== Runna Kumar Son of Shri Shio Shankar Singh Resident of Village - Asha Padri, P.O. Asha Padri, P.S. Simri, District Buxar. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Director, Primary Education, Bihar, Patna.

3. The District Magistrate, Buxar.

4. The District Education Officer, Buxar.

5. The District Programme Officer (Establishment), Buxar.

6. The Block Development Officer, Simri, Buxar.

7. The Block Education Officer, Simri, Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shree Kant Pandey, Advocate For the Respondent/s :

Mr. Narendra Kumar, AC to GP20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 09-03-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

From perusal of various annexures it appears that certificate of the petitioner passing TET examination is subjectmatter of vigilance enquiry and the Investigating Officer has requested the Examination Controller of the Bihar School Examination Board to furnish details with regard to passing of TET examination by the petitioner. From Annexure-6 it appears that the Vigilance was directed to undertake investigation in the light of the direction in CWJC No. 15459 of 2014.

In view of the above, no positive direction can be issued for payment of salary to the petitioner. However, the respondent-

Patna High Court CWJC No.3314 of 2018 dt.09-03-2018 2/2 authorities are required to take final decision, if not already taken, as to the validity of the passing of TET examination within three months from today and the payment of salary will abide by the final outcome of the enquiry.

It is submitted on behalf of the petitioner that in view of the fact that the Bihar School Examination Board has issued certificate, Annexure-7, the certificate of the petitioner appears to be genuine.

It is made clear that this Court has not expressed any opinion either on the merit of the case or on the genuineness of the certificate of passing TET examination by the petitioner. It is for the Vigilance to submit report in terms of the direction of this Court after enquiry into the matter.

With the aforesaid observations, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.03.2018 Transmission Date