Smt. Munni @ Munni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18278 of 2024 ====================================================== 1.

Smt. Munni @ Munni Devi Wife of Md. Dawood, resident of VillageBelaganj, Ward No. 2, PS-Jokihatt, Distt.-Araria. 2.

Jageshwar Prasad Singh, Son of Late Natha Singh, R/o Village Barbanna, PS Raniganj, Distt. Arariya.

... ... Petitioner/s

Versus

1.

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

2.

The Director, Department of Education, Govt. of Bihar at Patna. 3.

The Regional Deputy Director Education, Arariya. 4.

The District Education Officer, Araria.

5.

The District Program Officer (Est.), Araria.

6.

The Panchayat Sachiv, Grampanchayat Hardar, Jokihatt, Araria. 7.

The District Certificate Officer, Araria.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pranav Kumar, Adv.

:

Mr. Rajeev Ranjan No.II, Adv.

For the Respondent/s :

Mr. S. Raza Ahmad, Aag5 :

Mr. Alok Ranjan, Ac to Aag5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-10-2025

1. Heard the parties.

2. The petitioners have filed the present writ application for quashing the entire proceeding of Certificate Case No. 01 of 2022-23 pending before the District Certificate Officer initiated on requisition of District Program Officer and certificate issued by the Certificate Officer for Rs. 10,74,681/-.

3. Learned counsel for the petitioner submits that the petitioner no. 1 is the Mukhiya of Hardar Panchayat from 2016-

Patna High Court CWJC No.18278 of 2024(4) dt.31-10-2025 2/3 2021 and petitioner no. 2 was Panchayat Secretary posted in the said panchayat from 2014 to 2024. In the first phase of employment of panchayat teachers at Hardar Panchayat in the year 2006, the irregularity in selection process was challenged by some candidates including Abdul Halim in Appeal No. 64 of 2018 and Abdul Wadood in Appeal No. 126 of 2018 before the State Appellate Authority where the appeal filed by Abdul Halim and Abdul Wadood was allowed as well as the claim of the Ashabuddin and Md. Salahuddin was disallowed.

4. The Appellate Tribunal by its judgment dated 15.05.2019 directed the Panchayat Employment Committee, Hardar, to cancel the employment of Md. Ashabuddin and Md. Salahuddin and hold fresh counseling inviting the Jahur Alam and Azimuddin and others who were above in the merit list and to select the meritorious candidates by counseling within 60 days. The requisition has been submitted by the District Program Officer, Araria, for recovery of the payments made to Md. Salahuddin and Md. Ashabuddin.

5. The petitioners have duly submitted their objection on 06.07.2022 in Certificate Case No. 01 of 2022-23 denying their liability to pay the amount as requisitioned by respondent no. 5 i.e., District Program Officer, Araria, but the objection

Patna High Court CWJC No.18278 of 2024(4) dt.31-10-2025 3/3 filed by the petitioner is still pending before the Certificate Officer.

6. Learned counsel for the State submits that the Certificate Officer may be directed to consider the objection filed by the petitioner and dispose the objection as per law within a reasonable time frame.

7. Having heard learned counsel for the parties and considering the nature of dispute, the present writ application is disposed with direction to the Certificate Officer/Respondent No. 7 to consider the objection of the petitioners and dispose the same in accordance with law by a speaking order within a period of four months after giving opportunity of hearing to all concerned.

8. With the aforesaid direction, the present writ application is disposed.

(Anil Kumar Sinha, J) HarshPandey/- U