Dimpal Singh @ Dimpale Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18451 of 2019 ====================================================== Dimpal Singh @ Dimpale Singh W/o Ajay Kumar Singh, Resident of Ward No. 2, Pharsahni, P.S. Laukariya, District- West Champaran, Bettiah. ... ... Petitioner

Versus

1.

The State of Bihar through Director, Directorate of Integrated Child Development Services, Principal Secretary of Social Welfare Department, Government of Bihar, Patna.

2.

The District Magistrate, West Champaran, Bettiah. 3.

The District Programme Officer, West Champaran, Bettiah. 4.

The Child Development Programme Officer, West Champaran, Bettiah. 5.

The Bihar Sanskrit Siksha Board, through its Secretary ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Saket Tiwary For the Respondent/s :

Mr.Smt.Kumari Amrita (Gp3) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-11-2019 The petitioner had applied for her selection against the post of Anganbari Sevika. It is the case of the respondents that the certificate, which she had submitted of having passed Madhyama Examination, was forged, according to the report which the authorities had received from Bihar Sanskrit Shiksha Board. It is the case of the respondents that according to the marks sheet, which was submitted by the petitioner, she had scored 527 marks in the Madhyama Examination held by the Bihar Sanskrit Shiksha Board, whereas Bihar Sanskrit Shiksha Board informed the authorities that she had, in fact, scored 358 marks in the said examination.

Patna High Court CWJC No.18451 of 2019(9) dt.28-11-2019 2/3 It is the case of the petitioner that she had submitted her correct marks sheet before the authorities at the time of selection, with 358 marks.

Learned counsel appearing on behalf of the petitioner has submitted that the petitioner has obtained information under the Right to Information Act that she had submitted correct marks sheet.

There are copies of two marks sheets on record, one brought on record with the counter affidavit filed on behalf of the respondents, which, according to them, was submitted by the petitioner for her selection as Anganbari Sevika showing to have scored 527 marks in Madhyama Examination and other brought on record by the petitioner to show that she had scored 358. Both the two marks sheets refer to the same number 0001903 dated 01.10.2005.

Whether the petitioner had submitted correct marks sheet or not has become, thus, a disputed question of fact, as, according to her, she had submitted her marks sheet with 358 marks in Madhyama Examination, which is being seriously contested.

Such disputed question of fact cannot be gone into the present writ proceeding. The respondents shall be at liberty to

Patna High Court CWJC No.18451 of 2019(9) dt.28-11-2019 3/3 lodge First Information Report against the petitioner and the petitioner shall be at liberty to file a suit for resolution of the said disputed question of fact.

This application stands disposed of with the aforesaid observation.

(Chakradhari Sharan Singh, J) Pawan/- U