← Library
Patna High CourtCWJC/6920/2020disposed

Ram Naresh Sharma, v. The State Of Bihar,

2023-08-24Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6920 of 2020 ====================================================== Ram Naresh Sharma, Son of Late Parmeshwari Singh, resident of village and P.O. - Dakshinichak, P.S. - Athmalgola, District- Patna, Bihar- 803211. ... ... Petitioner/s

Versus

1.

The State of Bihar, through Principal Secretary, Human Resource Development Department Bihar, Patna.

2.

The Director, Higher Education, Government of Bihar, Patna. 3.

The Vice-Chancellor, Kameshwar Singh Sanskrit University, Kameshwar Singh Darbhanga.

4.

The Registrar, Kameshwar Singh Sanskrit University, Kameshwar Singh Darbhanga.

5.

The Principal, Shri Ganesh Girivardhari Sanskrit College, Bakhtiyarpur, District Patna.

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

For the Petitioner/s :

Mr.Abhishek Singh, Advocate For the Respondent/s :

Mr.Jitendra Kumar Roy 1 ( SC 13 ) For the University :

Mr.Deepak Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 24-08-2023 Heard learned counsel for the parties.

2. Learned counsel appearing on behalf of the petitioner informs that the substantial amount of the retiral dues has been paid to the petitioner, however, the petitioner is still aggrieved for non-payment of due salary for the period from December, 2014 to December, 2015, as a result of the fact that the respondents have believed the date of birth of the petitioner to be 24.12.1951. He further submits that on the basis of communication dated 20.05.2017, as contained in Annexure P/3 (series) to the rejoinder, which is a letter issued under the signature of the Registrar of the

Patna High Court CWJC No.6920 of 2020 dt.24-08-2023 2/3 University showing the date of birth of the petitioner to be 24.12.1953, the petitioner is entitled for due salary for the aforesaid period .

3. At the same time, on the basis of the instruction, Mr. Deepak Kumar, learned counsel appearing on behalf of the University informs that the date of birth of the petitioner is 24.12.1951 according to the School Leaving Certificate. He further submits that the petitioner has not produced any decree of the competent civil court with respect to any correction made in the School Leaving Certificate, which was produced at the time of his appointment.

4. At this stage learned counsel appearing on behalf of the petitioner has disputed the statement made on behalf of the respondents and has claimed that the School Leaving Certificate, which has been brought on record by the respondents is forged one.

5. Considering the rival submissions made on behalf of the parties, the Registrar of the University is directed to verify the genuineness of the School Leaving Certificate from the concerned school, which has issued the School Leaving Certificate in favour of the petitioner and in case the School Leaving Certificate is found forge appropriate action is required to be taken against the

Patna High Court CWJC No.6920 of 2020 dt.24-08-2023 3/3 Registrar of the University who was posted at relevant time and had issued letter dated 12.08.2023.

7. Under the aforesaid facts and circumstances of the case, no further interference is required by this Court. (Purnendu Singh, J) chn/- AFR/NAFR CAV DATE Uploading Date 24.08.2023 Transmission Date