Priyanka Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3225 of 2017 Arising out of Civil Writ Jurisdiction Case No. 3201 of 2017 =========================================================== Priyanka Rai, wife of Sri Shailesh Rai, resident at New Rattan Hatta, Post Office Purnea, Police Station Purnea, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Pradeep Kumar Jha, son of not known to petitioner, the District Magistrate, Purnea.

3. Sri Suresh, son of not known to petitioner, the Senior Deputy Collector, Purnea.

4. Mithilesh Prasad, son of not known to petitioner, the District Education Officer, Purnea.

5. Chandrashekahr Prasad, son of not known to petitioner, the District Programme Officer (Establishment), Purnea.

6. Umesh Prasad Singh, son of not known to petitioner, the Block Development Officer, Dagarua, District Purnea.

7. Ritesh Kumar, son of not known to petitioner, the Executive Officer (Pramukh), Panchayat Samiti-Cum- Chairman, Block Teacher Employment Committee, Dagarua Block, District- Purnea Dagrua.

.... .... Opp. Party/s =========================================================== Appearance :

For the Petitioner/s :

For the Opp. Party/s :

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 25-07-2018 Heard learned counsel for the petitioner and State.

2. The present application has been filed alleging violation of the order of the Court dated 18.08.2017 passed in C.W.J.C. No. 3201 of 2017.

3. In terms of the order dated 27.06.2018, the opposite party no. 4 is present and has filed his show cause in which copy of

Patna High Court MJC No.3225 of 2017 dt.25-07-2018 2/3 the order passed by him dated 21.07.2018 has been brought on record. From the same it transpires that the representation of the petitioner dated 18.02.2017 has been rejected primarily on the ground that the certificate which the petitioner had relied upon for her appointment was forged and fabricated, for which Dagarua P.S. Case No. 20 of 2015 dated 23.01.2015 had been instituted.

4. Learned counsel for the State pointed out that even the subsequent caste certificate showing the petitioner as dhanuk, issued by the District Magistrate, Purnea dated 03.01.2018 has been cancelled a few days back.

5. Be that as it may, since in the present jurisdiction, the Court is required only to consider whether the order passed in the writ petition has been complied with and the direction being to decide the representation dated 18.02.2017, which obviously cannot take into ambit the caste certificate issued in favour of the petitioner in January, 2018, the order passed by the authorities cannot be said to be in violation of the order in the writ petition.

6. In view thereof, the application stands disposed off with liberty to the petitioner to take appropriate steps, in accordance with law, before the appropriate forum, in the matter of getting appropriate caste certificate issued in her favour. Once she succeeds in doing that, obviously, consequences shall follow and the authorities

Patna High Court MJC No.3225 of 2017 dt.25-07-2018 3/3 would be obliged to take into consideration such development.

7. Personal appearance of the officer stands dispensed with.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U