Pushpam Kumari v. The State Of Bihar.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2752 of 2019 In Civil Writ Jurisdiction Case No.19694 of 2014 ====================================================== Pushpam Kumari, Wife of Sanjeev Kumar, resident of village - Pawai, P.S. Suryagarha, District - Lakhisarai.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Shobhendra Kumar Choudhary (Male) age and fathers name is not known to the petitioner District Magistrate, Lakhisarai. 3.

Sri Ramesh Paswan (Male) age and fathers name is not known to the petitioner, the Programme Officer, Lakhisarai. 4.

Ram Chandra Prasad Vimal, (Male) age and fathers name is not known to the petitioner Block Education Extension Officer, Pipariya, Lakhisarai. 5.

Satrunjay Kumar Singh, (Male) age and fathers name is not known to the petitioner, Block Development Officer, Pipariya, Lakhisarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrityunjay Kumar, Advocate For the Opposite Party/s :

Smt. Shilpa Singh (GA-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-04-2021 Heard learned counsel for the petitioner and the Opposite Parties.

With reference to the show-caused, learned counsel for opposite parties submits that after verification of the document, the certificate of the petitioner was found to be forged and statements to that effect are made in para. 4, 5 and 6 of the show-cause, which are quoted herein below: "4. That in reply of the statements made in para 01 of petition the answering opposite party most humbly submit that the verification report annexed as

Patna High Court MJC No.2752 of 2019(3) dt.08-04-2021 2/3 Annexure-2 shows that petitioner has obtained 497 marks whilt it is matter of fact that in course of selection of Siksha Mitra within Saidpura Panchayat in the year 2005 the petitioner has submitted her mark sheet bearing No. A 213882 issued by BIEC Patna in which the aggregate obtained marks out of 900 is figured as 684. And on the said mark sheet the Sukh Subidha Samittee of Panchayat Saidpura in his meeting dated 03.01.2005 prepared merit list and selected the petitioneras Siksha Mitra and posted her at Upper Primary School, Pawai.

5. That it is further submitted that one Ajit Kumar of village Pawai filed a complain before Lokayukta in which the genuineness of mark-sheet of the petitioner was challenged. During the pendency of proceeding before Lokayukta the then DSE Lakhisarai vide letter No. 2423 dated 04.10.2008 send the copy of alleged mark-sheet for verification, which was not answered by BSEB Patna. Thereafter the then Education Officer himself verified the marks of petitioner at BSEB Patna on 17.12.2008 and verified the mark-sheet of petitioner with TR available at the office of BSEB Patna and reported the DSE Lakhisarai on 19.12.2008 that enclosed mark-sheet for the selection of Siksha Mitra by petitioner is a forged document. In fact, the petitioner has obtained 497 marks in Intermediate Examination.

6. That it is not out of place to mention here that if the candidature of the petitioner be considered at her genuine marks i.e. 497/900 of Intermediate Examination, she failed to be selected in merit list by the then Sukh Subidha Samitee for the

Patna High Court MJC No.2752 of 2019(3) dt.08-04-2021 3/3 reasons that there are several candidates who have higher marks than the petitioner."

In view of the stand taken by the opposite parties in para 4 to 6 of the show-cause, the Court does not find any substance for initiating contempt proceeding. The contempt proceeding is dropped. It is accordingly, dismissed. (Anil Kumar Upadhyay, J) uday/- U