Anjula Srivastava v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23155 of 2013 ====================================================== Anjula Srivastava W/O Sri Lallan Prasad Resident Of Gauraxini, P.S. Sasaram, District - Rohtas ( Sasaram ) ... ... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary ( Education ), Government Of Bihar, Patna

3. The Director ( Primary Education ), Government Of Bihar, Patna

4. The Deputy Director ( Primary Education ), Government Of Bihar, Patna

5. The District Magistrate, Rohtas

6. The District Education Officer, Rohtas ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kumar Singh, Advocate Mr. Sooha Chandra, Advocate For the State :

Mr. Arun Kumar Bhagat, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 27-08-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. The grievance of the petitioner is that she was terminated on the ground of production of alleged forged certificate, which conclusion was drawn on the basis of nonproduction of original certificates within time.

3. Learned counsel for the petitioner submits that the petitioner had approached the Bihar School Examination Board for obtaining duplicate certificate, which was not made available earlier, and as such, she could not produce the certificate earlier. Referring to Annexures 2 and 2/1, learned counsel for the petitioner submits that the petitioner has passed matriculation

Patna High Court CWJC No.23155 of 2013 dt.27-08-2018 2/3 examination in the year 1967 and training examination in the year 1970.

4. This Court has come across certain cases where the Bihar School Examination Board has registered criminal cases against many of its employees on the ground that on money consideration forged certificates were issued and also conveniently verification was done and forged documents were certified as genuine.

5. Under the aforesaid circumstances, the petitioner is directed to file her certificates of matriculation and training before the Bihar School Examination Board along with a copy of this order within a period of one month and the Board is directed to verify the genuineness of the certificates as contained in Annexures-2 and 2/1 and after verification, the same has to be authenticated by the Secretary and the Chairman of the Board as genuine certificates. In the event on verification the certificates of the petitioner are found to be genuine, the respondents are under obligation to reinstate the petitioner with all consequential benefits. In case the certificates, on verification, are found to be forged, the Board is under legal obligation to take action in accordance with law by lodging FIR for manufacturing the forged certificates. Appropriate decision in this regard by the Board must

Patna High Court CWJC No.23155 of 2013 dt.27-08-2018 3/3 be taken within a maximum period of three months from the date of receipt/production of a copy of this order .

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

(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 29.08.2018 Transmission Date