Rita Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.330 of 2017 =========================================================== Rita Devi, Wife of Late Tej Pratap Singh, Resident of village - Hematpur, P.S. Garkha, District - Saran at Chapra.

.... .... Petitioner/s

Versus

1. The State of Bihar through Director Social Welfare Department, Patna, Bihar.

2. The Divisional Commissioner, Saran.

3. The Deputy Director Social Welfare Department, Saran Division.

4. The District Magistrate, Chapra.

5. The District Programme Officer, Chapra.

6. The Child Development Project Officer, Garkha, District- Saran.

7. Geeta Kumari, Wife of Tarkeshwar, D/o Raj Mangal Manjhi (Aganbari Sevika), Centre - 34, village- Hematpur, Panchayat- Kothiya, P.S. Garkha, District - Saran at Chapra.

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

For the Petitioner/s : Ms. Rajani Kumari, Adv. Mr. Vijay Kumar, Adv.

For the Respondent/s : Mr. Sunil Kumarr Mandal, SC-3 Ms. Neelam Kumari, AC to SC-3 Mr. Bipin Kumar, AC to SC-3 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 04-04-2017 Heard the parties.

The petitioner has questioned the appointment of the private respondent on the post of Anganwari Sevika, Centre No.34, VillageHemantpur, Gram Panchayat- Kothiya in the district of Saran and the reason assigned is that the Matriculation certificate produced by the private respondent, a copy of which is placed at Annexure-4, is a forged document.

Ms. Rajni Kumari, learned counsel appearing for the petitioner submits hat an information was obtained from the Headmaster of the school and who has stated that there is no such record. It is on the basis of such information given by the Headmaster of Ishwari High School -cum-

Patna High Court CWJC No.330 of 2017 dt.04-04-2017 Inter College, Basant, Garkha, district-Saran that it is contended that the Matriculation certificate issued by the Bihar School Examination Board is a forged document.

Mr. Sunil Kumar Mandal, learned Standing Counsel No.3 while contesting the prayer, has submitted that although the writ petition refers to the information of the Principal but there is no report of the Bihar School Examination Board raising doubt about the Matriculation certificate.

Having heard learned counsel for the parties and considering that the communication of the Principal in no manner affects the certificate issued by the Bihar School Examination Board present at Annexure-4 rather it only informs that the records relatable to the period was not available, until such time that there are cogent documents to support the allegation or the Bihar School Examination Board issues any order commenting on the genuineness of the certificate at Annexure-4 no interference would be called for in the appointment simply on the basis of the information given by the Headmaster of the school.. The writ petition is disposed of.

(Jyoti Saran, J) SKPathak/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09-04-2017 Transmission Date NA