Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17088 of 2023 ====================================================== Anil Kumar S/o Late Mahendra Singh, resident of Village-Lodipur, P.O. Lakhanpar, P.s. Punpun, District-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Education Department, Govt. of Bihar, Patna.

2.

The District Magistrate, Patna.

3.

The District Education Officer, Patna.

4.

The District Programme Officer (Estb.), Patna. 5.

The Circle Officer, Punpun, District-Patna.

6.

The Block Education Officer, Punpun, Dist. Patna. 7.

The Panchayat Secretary-cum-Member Secretary, Panchayat Raj Lakhanpur, P.S. Punpun, Dist. Patna.

8.

The Secretary, Bihar School Examination Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Santosh Kumar Singh, Advocate For the State :

Mr. Dhurendra Kumar, AC to GP-5 For the B.S.E.B. : Mr. Ajay, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2025 Heard learned counsel for the parties.

2. The present writ application has been preferred on behalf of the petitioner for setting aside the order passed by the Secretary, Bihar School Examination Board, Patna vide Memo No.LP-530 dated 18.10.2023, by which the result of the petitioner, bearing Roll Code-7150, No.0001 of matriculation in year 1992 (A), was cancelled.

3. It appears that on a complaint petition filed by one villager of the petitioner, the petitioner's appointment to the post

Patna High Court CWJC No.17088 of 2023(2) dt.03-01-2025 2/3 of Panchayat Teacher in Primary School, Lodipur was cancelled vide order dated 31.03.2017, on the sole ground that the petitioner had appeared in examination conducted by respondent no.8 under different names and possessed two matriculation certificates. Against the order dated 31.03.2017, the petitioner preferred a writ application, bearing C.W.J.C. No.6403 of 2017, and also filed an interlocutory application, bearing I.A. No.5635 of 2015, challenging the consequential order issued on 15.07.2017, by which the petitioner was removed from the post of Panchayat Teacher. The said writ application was disposed of on 22.08.2017 with a direction to respondent no.8 to verify on the basis of records maintained by them including the photographs and handwriting etc and depending on the result of such verification, as may be required, fresh orders, shall be passed.

4. Having heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the respondent no.8 as also perusing the materials available on record, in my considered opinion, this writ application involves disputed questions of fact which cannot be decided in writ proceedings.

5. In view of the aforesaid, this writ application is

Patna High Court CWJC No.17088 of 2023(2) dt.03-01-2025 3/3 disposed of with a liberty to the petitioner to seek his remedy before the appropriate authority as may be advised to him in accordance with law.

(Anjani Kumar Sharan, J) Trivedi/- U