Kishun Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7242 of 2018 ====================================================== Kishun Ram, S/o Late Satahu Ram, Resident of Village- Ambariya, P.O.- Rupahara, P.S.- Sikarganj, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Primary and Secondary Education Department, Govt. of Bihar, Patna.

2. The District Education Officer, East Champaran, Motihari.

3. The District Programme Officer (Estt.), East Champaran, Motihari.

4. The Block Education Officer, Block- Chiraiya, District- East Champaran. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shri Prakash Srivastava, Adv. For the Respondent/s : Mr. Madhaw Prasad Yadav -GP23 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 30-05-2018 Heard Mr. Shri Prakash Srivastava learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved against the notice dated 26.02.2018 issued by the District Programme Officer whereby on complaint made by one Sanjay Kumar Nirala doubting the genuineness of the caste certificate of the petitioner, which formed the basis for his appointment that the petitioner was directed to produce the same but instead he has preferred this writ petition. It is submitted by Mr. Srivastava that for the same allegation, the said gentleman has also preferred a writ petition bearing C.W.J.C No. 2605 of 2013 in which the petitioner has filed a counter affidavit.

Patna High Court CWJC No.7242 of 2018 (2) dt.30-05-2018 2/2 Be that as it may and whatever be the outcome of the writ proceedings preferred by Sanjay Kumar Nirala, the moment allegation is made against the genuineness of a caste certificate, the State can put up their stand before this Court in the pending writ petition arising from C.W.J.C No. 2605 of 2013 they need to satisfy themselves on the genuineness of the certificate, I find no infirmity in the notice impugned herein. It is for the petitioner to vindicate his stand that he has been appointed on the basis of genuine Caste Certificate. Since it is the complaint that the salary of the petitioner has been stopped, let the matter be disposed of by the District Programme Officer within two weeks of the production of the Caste Certificate.

The writ petition is disposed of with the direction above. (Jyoti Saran, J) Bibhash/Ranveer U