Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16753 of 2025 ====================================================== Chandan Kumar S/o- Shri Umesh Choudhary, R/o- Village- Dhangawana, Panchayat- Ankripande Bigha, Block- Meskaur, P.O.-Bijubigha, P.S.- Sitamarhi, District- Nawada, Bihar-805122.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary Scheduled Caste and Scheduled Tribes, Welfare Department, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Scheduled Caste and Scheduled Tribes Department, Government of Bihar, Patna.

3.

The Mission Director, Bihar Mahadalit Vikash Mission, Scheduled Caste and Scheduled Tribes Department, Government of Bihar, Patna. 4.

The Ministry of education under Department of School Education and Literacy, Government of India, New Delhi.

5.

The Under Secretary, Ministry of Education, Government of India, New Delhi.

6.

The Council of Boards of School Education (COBSE), Ministry of Education, Government of India, New Delhi.

7.

The Additional Chief Secretary, Department of Education, Government of Bihar at Patna.

8.

The District Magistrate, Nawada, District- Nawada. 9.

The District Public Grievance Redressal Officer, Nawada, District- Nawada. 10.

The District Welfare Officer, Bihar Mahadalit Vikash Mission Nawada, District- Nawada.

11.

The Sub-Divisional Officer-Cum-Chairman Appointing Committee, Vikas Mitra, Rajauali, District- Nawada.

12.

The Block Development Officer, Meskaur, District- Nawada. 13.

Bhimsen Chaudhary, S/o- Ramjatan Chaudhary R/o- Kanugobigha, P.O.- Ankari, P.S.- Narhat, District- Nawada, Bihar- 805122. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar, Advocate Mr. Rajnish Prakash, Advocate Mr. Kanishk Kaustubh, Advocate Ms. Llakshmi Kumari, Advocate Mr. Ankesh Kumar Singh, Advocate For the State :

Mr.Additional Solicitor General For BMVM :

Mr. Ranjeet Kumar Pandey, Advocate For GoI :

Ms. Sarita Bajaj, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

2/4 ORAL ORDER 24-03-2026 Heard learned counsel appearing for the petitioner, learned counsel appearing for the State, learned counsel appearing for the Bihar Mahadalit Vikash Mission and learned counsel for the Union of India.

2. Learned counsel for the petitioner submtis that the petitioenr has filed the present writ petition for the following relief/s :- "I. For setting aside the selection/merit list of Vikas Mitra in Ankaripande Bigha Gram Panchayat, Meskaur Block in Nawada District, issued vide Memo No.-1578, Dated-10.07.2024 with the signature of the Sub-Divisional Officer-Cum-Chairman Appointing Committee, Vikas Mitra, Rajauali, District-Nawada arising out of Advertisement Dated-24.06.2024 issued with the signature of the Sub-Divisional Officer, Rajauli, Nawada to the extent it relates to the selection of Respondent No.-13 namely Bhimsen Chaudhary, who figured at Sr. No.-01 in the said selection/merit list after calling of matriculation certificate/records of the selection process as the Respondent No.-13 submitted the forged certificate before the selection committee and the selection committee without verifying the genuineness of the matriculation certificate of Bhimsen Chaudhary appointed him on the said post in spite of the objection raised by the petitioner within the stipulated time.

II. For setting aside the appointment of the Respondent No.-13 namely Bhimsen Chaudhary from the post of Vikas Mitra as his

3/4 appointment is based upon the forged matriculation certificated issued by the Board of Secondary Education, Madhya Bharat, Gwalior which is a fake and bogus board as declared by the Ministry of Education as well as by the various High Courts in its several judgments.

III. For issuance of direction/s to the respondent authorities to appoint the petitioner on the post of Vikas Mitra in Ankaripande Bigha Gram Panchyat, Meskaur Block in Nawada District as petitioner's name appears at Sr. No.-02 in the selection/merit list, after setting aside the appointmentof the Respondent No.-13 namely Bhimsen Choudhary, as the petitioner fulfills all the eligibility criteria in terms of advertisement as well as in terms of Margdarshika for appointment of Vikas Mitra.

IV. For any other relief/s for which the petitioner may be deemed entitled to."

3. Learned counsel for the petitioner submits that the matter is relating to appointment of Vikash Mitra in Ankaripande Bigha Gram Panchayat, Meskaur Block in Nawada district. He further submits that for redressal of his grievances, the petitioner has submitted a representation on 13.02.2026 before the S.D.O., Rajaul, but till date no decision has been taken on his representation.

4. Learned counsel for the Bihar Mahadalit Vikash Mission submits that the contention of the petitioner is not correct. He further submits that vide Annexure -J to the counter

4/4 affidavit filed by Bihar Mahadalit Vikash Mission which is letter no. 3223 dated 04.12.2025 a clarification has been sought from respondent no. 13 and thereafter the SDO is inclined to pass final order.

5. In the light of the submissions made, the petitioner is directed to file a fresh representation before respondent No.8, namely, the District Magistrate, Nawada, along with a copy of this order, within 30 days from today annexing all relevant documents including Annexure-J to the counter affidavit filed by Bihar Mahadalit Vikash Mission. Upon receipt of the representation, respondent No.8, namely, the District Magistrate, Nawada, is directed to take a decision on the said representation after hearing respondent no.13 within 90 days from the date of its filing, with a reasoned and speaking order. The period of 90 days shall be counted after appearance of respondent no.13.

6. With the aforesaid observation and direction, the writ petition stands disposed off.

(Dr. Anshuman, J) Ashwini/- U