Binkatesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12302 of 2013 ====================================================== Binkatesh Kumar Son of Shri Bhagwan Singh Resident of Vill. + P.O. Phulari, P.S. Sandesh, District- Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Government of Bihar, Patna.

2.

The Secretary, Human Resources Development Department, Government of Bihar, Patna 3.

The District Collector, Bhojpur, Ara 4.

The District Education Officer, Bhojpur, Ara 5.

The District Programme Officer, Bhojpur, Ara 6.

The District Panchayat Raj Officer, Bhojpur, Ara 7.

The Block Development Officer, Barhara, Bhojpur, Ara 8.

The Block Education Officer, Barhar, Bhojpur, Ara 9.

The Mukhiya, Gram Panchayat, Neknaam Tola, Barahara, Bhojpur, Ara 10.

The Panchayat Secretary, Gram Panchayat Neknaam Tola, Barahara, Bhojpur 11.

Ranjay Kumar Singh Son of Sri Umesh Singh Resident of Village- Neknam Tola, P.S.- Barhara, District- Bhojpur, Presently Posted at Primary School, Jiva Rai Ke Tola, P.S. Barhara, District- Bhojpur 12.

Yashwant Kumar Son of Sri Indradeo Rai Resident of Village- Lala Ke Tola, P.S. Barhara, District- Bhojpur, presently posted at Primary School, Chhitani Ke Bag, P.S. - Barhara, District - Bhojpur 13.

Mukesh Kumar Upadhyay S/o Late Santosh Kumar Upadhyay R/o VillagePaiga, P.S.- Barhara, District- Bhojpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ravindra Kumar, Advocate.

Mr. Sandeep Kumar Pandey, Advocate.

For the Respondent/s :

Mr. Ramashray Ray, AC to AAG-11.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-08-2024 Heard Mr. Ravindra Kumar, learned counsel along with Mr. Sandeep Kumar Pandey, learned counsel appearing on behalf of the petitioner and Mr. Ramashray Ray, learned AC to

Patna High Court CWJC No.12302 of 2013(8) dt.22-08-2024 2/3 AAG-11 for the State.

2. Petitioner is aggrieved by the order dated 21.08.2012 passed by the District Employment Appellate Tribunal, Bhojpur, Ara challenging the appointment of respondent nos. 11 to 13.

3. It is admitted by respondent nos. 2 to 7 in their counter affidavit in Para-7 that the process of enquiry / verification of educational certificates of the respondent nos. 11 to 13 is going on and in this regard, the Block Development Officer, Barhara has issued show cause vide Letter No. 20 dated 29.10.2016 by which the respondent nos. 11 to 13 were directed to submit self attested documents relating to their educational qualification.

4. Considering the aforesaid development which has taken place during the pendency of the writ petition, the District Programme Officer (Establishment), Bhojpur, Ara is directed to call for the records of the enquiry held by the Block Development Officer, Barhara in connection with educational certificates of respondent nos. 11 to 13, as well as, petitioner to verify as to whether the certificates are genuine by further making inquiry in respect of the certificates produced by respondent nos. 7 to 13 from their respective examining bodies

Patna High Court CWJC No.12302 of 2013(8) dt.22-08-2024 3/3 well within a period of 90 days from the date of communication of this order by the respective parties.

5. This Court has not interfered because the advertisement is of the year 2008 and the selection process was initiated on 28.02.2009 that on which counselling took place and the interference by the Tribunal is dated 12.02.2013. However, authorities concerned must not fail to take corrective measures in appointment of the most eligible candidates.

6. The writ petition, accordingly, stands disposed of. (Purnendu Singh, J) mantreshwar/- U