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Patna High CourtCWJC/4914/2014disposed

Sachchida Nand Kumar And ORS v. The State Of Bihar And ORS

2016-02-23Mr. Justice Ajay Kumar Tripathi3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 4914 of 2014 ===========================================================

1. Sachchida Nand Kumar Son Of Sri Bindeshwari Prasad Yadav, Resident Of Village- Bbiriain, P.S.- Nauhatta, District- Saharsa

2. Om Prakash Amar Son Of Sri Rajendra Prasad Yadav, R/O Village- Sirwar, P.S. Mahishi, District- Saharsa

3. Rupesh Kumar Son Of Sri Subodh Kumar Sudhakar R/O Village- Triveniganj, P.S. Triveniganj, District- Supaul

4. Pratima Kumari @ Pratibha Kumari D/O Sri Mahendra Paswan R/O Village/Mohalla- Supaul, Ward No.2, P.S. And District- Supaul .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Chief Secretary, Old Secretariat, Bihar, Patna

2. The Principal Secretary, Department Of Education, Govt. Of Bihar, Patna

3. The Director, Primary Education, Govt. Of Bihar, Patna

4. The District Magistrate, Saharsa

5. The District Teachers Appointment Appellate Authority, Saharsa

6. The Regional Deputy Director Of Education, Koshi Division, Saharsa

7. The District Programme Officer (Establishment Cum D.S.E., Saharsa

8. The District Education Officer, Saharsa

9. The Sub-Divisional Officer, Saharsa

10. The Block Development Officer, Nauhatta, District- Saharsa

11. The Block Education Extension Officer, Navhatta, District- Saharsa

12. The Mukhiya, Sataur, Gram Panchayat, District- Saharsa

13. The Panchayat Secretary, Sataur, Gram Panchayat, District- Saharsa

14. Kaju Prabhakar Son Of Late Kapileshwar Prasad Yadav Resident Of Village Situaha, Post Office Salkhua, Bazar, Police Station- Salkhua, District- Saharsa

15. Rana Ranjay Son Of Raj Kumar, Resident Of Village Adampura, Post OfficeBaijnathpur, (Village Padampura), P.S. Sour Bazar, District- Saharsa

16. Kumari Kalpana, Daughter Of Rajendra Kumar Ranjan Resident Of VillageBarushi, Post Office- Narayanpur, Police Station Navhatta, District- Saharsa

17. Ashok Kumar Son Of Bhikha Ram, Resident Of Village And Post Office Narayanpur, P.S. Navhatta, District- Saharsa

18. Kumari Rubi Daughter Of Subhash Prasad Singh Resident Of Village- Sukhpur, P.S. And District- Supaul

19. Prabhat Kumar Son Of Jitendra Kumar Arvind Resident Of Village Machaha, P.O. Kushaha, P.S. Tribeniganj, District- Supaul

20. Babita Kumari, Daughter Of Satya Narayan Pd. Singh, Resident Of Village Nahewar, P.O. Maina, P.S.- Mahishi, District- Saharsa

21. Subhash Chandra Kumar, Son Of Tej Narayan Yadav, Resident Of Village And Post Office Narayanpur, Police Station Navhatta, District- Saharsa

22. Ajay Kumar Son Of Brahmdeo Mehta, Resident Of Village And Post Office Amarpur, P.S. Sonbarsa, Kachahari, District- Saharsa

23. Poonam Kumari, Daughter Of Sri Srikant Pandit Resident Of Village And Post Office Fadkichak, Police Station Gogari, District- Khagaria

24. Md. Sirajuddin Son Of Oli Mhammad, Resident Of Village- Sataur, P.O. Narayanpur, P.S. Navhatta, District Saharsa

25. Sher Bahadur Paswan Son Of Late Ram Bharos Paswan Resident Of VillageSataur, P.S. Navhatta, District Saharsa

Patna High Court CWJC No.4914 of 2014 dt.23-02-2016 2/3

26. Anita Kumari, Daughter Of Rameshwar Rajak, Resident Of Village And Post Office Narayanpur, P.S. Navhatta, District- Saharsa

27. Suchitra Kumari, Daughter Of Harichandra Khan, Resident Of Village And P.O. Akadh, P.S. Navhatta, District- Saharsa

28. Poonam Kumari Daughter Of Jitendra Yadav, Resident Of Village- Machaha, P.O. Kurshaha, P.S. Triveniganj, District- Supaul

29. Sangita Kumari Daughter Of Tej Narayan Yadav, Resident Of Village- Situaha, P.O. Salkhua, Bazar, Police Station- Salkhua, District- Saharsa

30. Chunni Priya Son Of Ajay Kumar Shankar, Resident Of Village Birjain, P.O. Narayanpur, P.S. Navhatta, District Saharsa

31. Chandra Prema Prakash Son Of Jai Prakash Yadav, Resident Of Village Birjain, P.O. Narayanpur, P.S. Navhatta, District Saharsa

32. Munni Kumari Daughter Of Basudeo Paswan Resident Of Village- Sataur, P.O. Narayanpur, P.S. Navhatta, District Saharsa

33. Amrendra Kumar Raman S/O Late Bhola Yadav, Resident Of Village Birjain, P.S. Navhatta, District Saharsa .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Amarnath Jha For the Respondent/s :

Mr. Anil Kumar =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 23-02-2016 Heard learned counsels for the parties.

There is already a Division Bench's order, directing the Vigilance Department, Government of Bihar to enquire into all those candidates, who are working as Panchayat Teachers on false and fake degrees.

Submission of the counsel for the petitioners is that many a candidates, who have been allowed to continue or work in the capacity of a Panchayat Teacher, who are working on a basis of fake and fraudulent degree.

Since vigilance enquiry is already on, there is a better place to enquire into these matters.

Patna High Court CWJC No.4914 of 2014 dt.23-02-2016 3/3 Let the petitioners provide adequate materials, inputs and evidence in this regard for them to make an enquiry and come out with a finding in this regard.

This writ application stands disposed off with finding that if the allegation is found to be correct, law will take its course or else if they are exonerated from it, then again, law will take its course. (Ajay Kumar Tripathi, J) SKM/- U