Patna High Court
Renu Kumari vs The State Of Bihar & Ors on 13 February, 2017
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11069 of 2015
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Renu Kumari daughter of Rajendra Sharma, wife of Pramod Sharma, resident of
village- Rounia, Police Station- Khizar Sarai, District- Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Director, Primary, Secondary and Adult Education, Government of Bihar,
Patna.
3. The District Teachers Employment Appellate Tribunal, Gaya.
4. The District Magistrate, Gaya.
5. The District Programme Officer (Establishment), District- Gaya.
6. The Block Development Officer, Khizer Sarai, District- Gaya.
7. The Block Education Extension Officer, Khizer Sarai, District- Gaya.
8. The Panchayat Secretary, Raunia Gram Panchayat, Police Station- Khizar
Sarai, District- Gaya.
9. The Mukhiya, Raunia Gram Panchayat, Police Station- Khizar Sarai, District-
Gaya.
10. Sangeeta Kumari wife of Nageshwar Kumar Sharma, resident of village-
Rounia, Police Station- Khizar Sarai, District- Gaya.
11. The Secretary, Bihar School Examination Board, Patna.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Y.V. Giri, Sr. Adv. with
Mr. Manish Kumar No-2
For the Respondent-State : Mr. Manish Kumar, GP-4
For the respondent-BSEB : Mr. Satyabir Bharti, Adv.
For the private Respondent : Mr. Sharda Nand Mishra, Adv.
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL JUDGMENT
Date: 13-02-2017
Heard Mr. Y.V. Giri, learned senior counsel appearing
for the petitioner, Mr. Manish Kumar, learned Government Pleader
No.4 for the State, Mr. Satyabir Bharti, learned counsel appearing
for the Bihar School Examination Board and Mr. Sharda Nand
Mishra, learned counsel appearing for the private respondent no.10.
The petitioner has been unsuited from the post of
Patna High Court CWJC No.11069 of 2015 dt.13-02-2017 2
Shiksha Mitra on grounds that she has secured her appointment on
the basis of a forged Matriculation certificate allegedly issued by
the Bihar School Examination Board (hereinafter referred to as 'the
Board'), a copy of which is placed at Annexure-11 which shows her
date of birth as '26.10.1973' when in fact the date of birth of the
petitioner is '26.10.1970' which makes her age more than 33 years
on the date she applied for the post which rendered her overage for
seeking appointment on the post of Shiksha Mitra.
The order of cancellation of appointment passed by the
District Appellate Authority, Gaya (hereinafter referred to as 'the
Appellate Authority') impugned in this case, is annexed at
Annexure-10 and is in consideration of the report of the Bihar
School Examination Board as contained in the letter of the
Secretary bearing No.2425 dated 19.6.2015, whereby it was
informed that in the records of the petitioner maintained by 'the
Board', the date of birth of the petitioner is recorded as
'26.10.1970' which renders the petitioner more than 33 years on the
date she applied for appointment on the post of Panchayat Shiksha
Mitra.
Since the issue required verification of the records that
Mr. Satyabir Bharti, learned counsel for 'the Board' was directed to
seek instruction and following which a counter affidavit has been
Patna High Court CWJC No.11069 of 2015 dt.13-02-2017 3
filed by Mr. Bharti on behalf of 'the Board' upon verification of the
report in which it is stated that the date of birth recorded in the
Tabulation Register is 26.10.1970 and not 26.10.1973. It is
mentioned at paragraph 8 of the counter affidavit that although a
duplicate Tabulation Register pertaining to the 1985 Matriculation
Examination has been found in damaged condition but the original
record does substantiate that the date of birth of petitioner is
26.10.1970and not 26.10.1973. Mr. Bharti is also in custody of the original Tabulation Register for perusal by this Court.
Mr. Giri, learned senior counsel appearing for the petitioner in reference to a supplementary affidavit being filed today submits that the documents enclosed therein would show that the date of birth of the petitioner is 26.10.1973 and has been the same all along except that it was incorrectly recorded in the Tabulation Register of 'the Board'. Mr. Giri while making such submission could not, however, satisfy this Court as to how if the date of birth of the petitioner was 26.10.1973, the petitioner having passed her Matriculation examination in 1985, she kept quiet for 20 years and took no steps for correction, which steps has been taken only in 2013, after the dispute has arisen.
Be that as it may, the fact remains that in the Tabulation Register maintained by 'the Board', the date of birth of the Patna High Court CWJC No.11069 of 2015 dt.13-02-2017 4 petitioner is recorded as 26.10.1970. Meaning thereby she was overage for appointment as Shiksha Mitra even after relaxation on the date of application. Even if the petitioner may have taken steps for correction of the date of birth but until such time that the original records is corrected, the certificate issued by 'the Board' on 7.8.1985 enclosed at Annexure-11 becomes an unreliable document for it does not match the Tabulation Register. Since the appointment of the petitioner is resting on this incorrect document which is not in tune with the Tabulation Register, no infirmity can be found in the opinion of the Appellate Authority which unsuits the petitioner from the post on grounds of being overage.
This writ petition is dismissed.
(Jyoti Saran, J) SKPathak/-
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