Renu Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.894 of 2016 ====================================================== Renu Kumari W/o Ashok Kumar, Resident of Village P.O. - Rahua Mali, P.S. - Bangaon, District - Saharsa at present Acting Headmistress of New Primary School, Belha Tola, Kahara Block, P.S. - Kahara, District - Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Education Officer, Saharsa.

3.

The Block Education Officer, Kahara, District - Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Kumar Singh, Advocate.

For the Respondent/s :

Mr. Indeshwari Pd. Mandal, AC to GA-3 For the Board :

Mr. Ghyan Shankar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-03-2023 Heard learned counsel for the parties concerned. Learned counsel for the petitioner submits that the petitioner has been terminated from the post of Panchayat Teacher on the ground that she has produced the forged educational certificate pertaining to intermediate examination. Learned counsel further submits that the petitioner had submitted certificate in support of her educational qualification as Intermediate pass at Annexure-5 to the writ application securing 480 marks.

On the other hand, learned counsel for the Bihar School Examination Board as well as State submit that the petitioner has produced another intermediate certificate which is self attested by her on 12.03.2015 for the purpose of securing

Patna High Court CWJC No.894 of 2016(9) dt.13-03-2023 2/2 appointment as a Panchayat Teacher in which the marks obtained by the petitioner has been shown as 675 out of 900. Accordingly, submission is that the petitioner has produced forged certificate in order to secure the appointment. The intermediate certificate at Annexure-5 was not produced by the petitioner for the purpose of appointment as Panchayat Teacher. Mr. Gyan Shankar, learned counsel appearing for the Bihar School Examination Board referring to the counter affidavit submits that upon verification, the certificate forwarded by the District Education Officer which was produced by the petitioner has been found to be forged and not matching with the records of Bihar School Examination Board and, accordingly, the same is fabricated.

In view of the rival submission, claim and counter claim of the parties, in my opinion, the disputed fact cannot be adjudicated in a writ application and, accordingly, this writ application is disposed of with liberty to the petitioner to challenge the impugned order of removal before the District Appellate Authority, Saharsa, in accordance with law. (Anil Kumar Sinha, J) S.Ali/- U