Raj Kumar Das v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6469 of 2017 ====================================================== Raj Kumar Das Son of Sri Rawan Das, resident of Village- Karhara, P.S.- Jhajha, District- Jamui.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Social Welfare, Bihar, Patna.

2.

Director, Bihar Mahadalit Vikas Misson, Patna. 3.

The District Magistrate, Jamui.

4.

The District Welfare Officer, Jamui.

5.

The District Project Officer (Mahadalit Mission), Jamui. 6.

The Sub Divisional Officer, Jamui.

7.

The Sub Divisional Welfare Officer, Jamui.

8.

The Block Development Officer Jhajha, District- Jamui. 9.

The Block Welfare Officer Jhajha, District- Jamui. 10.

The Secretary, Bihar School Examination Board, Patna-1. 11.

Sohan Ravidas, Son of Nand Kishore Ravidas, resident of Village- Karhara Kauwatol, P.S.- Jhajha, District- Jamui.

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

For the Petitioner/s :

Mr. Bharat Lal, Advocate For the Respondent/s :

Mr. Gyan Prakash Ojha, GA-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 18-07-2025 Heard learned Counsel for the petitioner, learned Counsel for the Bihar School Examination Board and learned Counsel for the State.

2. The present writ petition has been filed with the following reliefs:- "(A) For issuance of an

2/4 appropriate writ/Order/direction, directing the concern respondent to dispose of the complain Cum representation petition dated 27.3.2017 filed by the petitioner by taking cognizance that Sohan Ravidas respondent No. 11 has been appointed Vikas Mitra in Gram Panchayat Karhara under Block-Jhajha District Jamui on the basis of forged Certificate of Matriculation and thereafter taking appropriate legal action against him.

(B) Respondents may be further directed to appoint Vikas Mitra of Karhara Gram Panchahat to the deserving candidate from the merit list contained in Annexure-P/1.

(c) For any other relief/s for which the petitioner is found entitled to."

3. Learned Counsel for the petitioner submits that the petitioner has passed Matriculation examination in the year 1993 and his date of birth is 3rd of December, 1976. He submits that he belongs to the Mahadalit category and advertisement was published on the notice board of Block Development Officer, Jhajha (respondent No.8) for the appointment of Vikas Mitra in Gram Panchayat Karhara, block- Jhajha, district-

3/4 Jamui, in the year 2010. Counsel submits that private respondent No.11 on the basis of producing forged Matriculation certificate succeeded to get the appointment letter from Mahadalit Vikash Mission. Counsel submits that he has filed representation before the District Magistrate, Jamui, but his representation was kept in abeyance and till date no decision has been taken, thereafter he moved before this Court in the year 2017.

4. Learned Counsel for the Bihar School Examination Board has filed counter affidavit and in the said counter affidavit it has been categorically mentioned in para-8 that the certificate bearing Roll Code No. 2202, Roll No.0219 of Secondary School Examination, 1997(A), which respondent No.11 is claiming to be his own, is basically the certificate of one Anita Kumari and with regard to certificate of respondent No.11, it has been mentioned that the said certificate has never been issued by the Board.

5. In this background, this Court deem it proper to remand back the matter before the the District Magistrate, Jamui, and the District Magistrate, Jamui is directed to take decision with regard to the petitioner's matter for which he has filed representation before the District Magistrate, Jamui, in the

4/4 year 2017.

6. It is directed to the petitioner to file fresh representation along with a copy of the writ petition and a copy of the counter affidavit filed by the Bihar School Examination Board before the District Magistrate, Jamui, to take decision with regard to the petitioner and respondent No.11.

7. It is made clear that after production of the order along with representation within 30 days from today, the District Magistrate shall take decision with regard to the petitioner and private respondent No.11 within 90 days from the date of appearance of all concerned and if it is found that respondent No.11 has done wrong then he shall be removed immediately after granting opportunity of hearing and at his place the petitioner shall be appointed.

8. With this direction, the writ petition stands disposed off.

(Dr. Anshuman, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 19.07.2025 Transmission Date