Patna High CourtCWJC/10243/2013dismissed

Raj Kumar Kushwaha v. The State Of Bihar And ORS

2016-07-27Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10243 of 2013 =========================================================== Raj Kumar Kushwaha S/o Sri Jagdish Prasad Kushwaha, Permanent R/o Dumaria Estate,Via- Harinagar, Police Station- Shikarpur, Block- Narkatiyaganj, DistrictWest Champaran, presently residing at Rajpur (Pathalwa Tola), P.O.- Jamunea, P.S.- Subhadra, Block- Gaunaha, Via- Narkatiyaganj, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Commissioner-cum-Secretary, Human Resources Development Department, Government of Bihar, Patna

3. District Magistrate-cum-Collector, West Champaran

4. Deputy Development Commissioner, West Champaran

5. Block Extension Officer, Jamunea, West Champaran

6. Mukhiya, Gram Panchayat Doharra, P.S.- Gopalpur, P.O.- Gonogna, Distt.- West Champaran

7. District Teachers Appellate Tribunal, West Champaran

8. Bankelal Prasad S/o Sri Raja Prasad, R/o Village-Doharra, P.O.- Gnogna, P.S.- Gopalpur, District- West Champaran .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Bahadur Singh, Sr. Adv. Mr. Basant Kr. Singh For the Respondent no.8 : Mr. Binod Kumar Singh For the State Mr. Brajesh Kumar, AC to AAG-4 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 27-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking relief against the order passed by the Appellate Authority dated 27th December 2012 in Case no. 24 of 2012.

It is third time, the petitioner is approaching this Court. Earlier the petitioner had approached this Court and the matter was remanded back. Ultimately the Tribunal has adjudicated the matter

Patna High Court CWJC No.10243 of 2013 dt.27-07-2016 2/2 and arrived to a finding that Bankeylal Prasad-Respondent no. 8 has 68.33% marks and Raj Kumar Kushwaha has only 66 % marks. In such view of the matter, the Tribunal has refused to give any relief to the petitioner.

The counsel for the petitioner submits that the Respondent no. 8 has been shown to be higher marks on the basis of extra marks added to him, as has been claimed by Respondent no. 8 that he has worked as Non-Formal Instructor, which is forged fabricated. It appears that the Tribunal has not gone into the matter and has not recorded any finding.

This Court is not interfering with the order of the Tribunal. However, the District Education Officer will verify the certificates filed by the petitioner and act in accordance with law. With the above observation/direction, this petition is dismissed.

(Shivaji Pandey, J) Mahesh/- AFR/NAFR NAFR CAV DATE Uploading Date 31/07/2016 Transmission Date