Sanjeev Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1273 of 2014 IN Civil Writ Jurisdiction Case No. 7099 of 2010 =========================================================== Sanjeev Kumar Son of Sri Kabinra Singh, Resident of Village and P.o. Kamalpura, P.S. Paroo, District- Muzaffarpur .... .... Appellant/s
Versus
1. The State of Bihar
2. The Principal Secretary, null Human Resources Development Department, Government of Bihar, Patna
3. The Director, Primary Education, Government of Bihar, Patna
4. The District Magistrate, Muzaffarpur
5. The District Superintendent of Education, Muzaffarpur
6. The Block Development Officer, Paroo, District- Muzaffarpur
7. The Block Education Extension Officer, Paroo, District- Muzaffarpur
8. The Mukhiya, Gram Panchayat Raj, Kamalpura, Block- Paroo, DistrictMuzaffarpur
9. The Panchayat Secretary, Gram Panchayat Raj, Kamalpura, Block- Paroo, District- Muzaffarpur
10. The Head Master, Up-graded Middle School, Turkaulia, Anchal- Paroo, District- Muzaffarpur
11. The Secretary, Sanskrit Shiksha Board, Patna
12. The Headmaster, Shail Sanskrit Prathmik-cum-Middle School, P.O. Rustampur, P.S.- Paroo, District- Muzaffarpur
13. Brajesh Kumar, son of Shri Dwarika Singh, Resident of village and PostKamalpura, Police Station- Paroo, District- Muzaffarpur .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. S. B. K. Manglam, Advocate Mr. Vijay Kumar Singh, Advocate For the Respondent/s : Mr. Chittranjan Sinha, Sr. Advocate Ms. Ratna Kumari, AC to PAAG-2 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 20-04-2017 Heard learned counsel for the appellant and the counsel for the State.
The impugned order is dated 14.07.2014, which is under challenge. The issue related to continuance of the present
Patna High Court LPA No.1273 of 2014 dt.20-04-2017 2/2 appellant, who was the petitioner in the writ, as a Panchayat Teacher or a Panchayat Shiksha Mitra, as the case may be. Though the Learned Single Judge gave a very patient hearing and wrote a very detailed order with due consideration as to the various submissions, the sum essence of the litigation was that the appellant, who was the petitioner, had obtained employment on a mark-sheet, which was found to be fraudulent or forged by the Bihar Sanskrit Shiksha Board.
Since fraud vitiates everything and since the appellant was the direct beneficiary of that fraud, neither any indulgence can be shown to him nor any benefit of doubt can be given to him with regard to the said certificate or the privilege of continuing as a Panchayat Teacher on the basis of the appointment obtained by such forged mark-sheet.
The appeal does not require any consideration. It is dismissed.
(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) SKM/- AFR/NAFR N.A.F.R.
CAV DATE Uploading Date 21.04.2017 Transmission Date