Patna High Court
The State Of Bihar & Ors vs Dig Vijay Kumar on 17 April, 2017
Author: Ajay Kumar Tripathi
Bench: Ajay Kumar Tripathi
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1446 of 2013
IN
Civil Writ Jurisdiction Case No. 3815 of 2009
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1. The State of Bihar through the Principal Secretary, Human Resources
Development Department, Vikash Bhawan, Patna
2. The Director, Secondary Education, Vikash Bhawan, Patna
3. The District Magistrate, Patna
4. The District Education Officer, Patna
5. The Principal, Dr. B.R.K. Jalan Inter School, Patnacity
6. Secretary, Bihar School Examination Board, Patna
.... .... Appellant/s
Versus
Dig Vijay Kumar, son of Late Yogeshwar Paswan, Resident of Village- Paroha,
P.S. Manpur, District Nalanda
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr Anjani Kumar, Sr. Advocate, AAG 4
Mr Deepak Sahay Jamuar, AC to AAG 4
For the Pvt. Respondent : Mr. Alim Jang Khan
For Examination Board : Mr Gyan Shankar
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CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI
and
HONOURABLE JUSTICE SMT. NILU AGRAWAL
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI)
Date: 17-04-2017
Heard learned senior counsel representing the State of
Bihar, Mr Alim Jang Khan representing the private respondent and the
counsel representing Bihar School Examination Board, who was
ordered to be impleaded vide order dated 8.3.2017.
Counter affidavit on behalf of Bihar School Examination
Board has been filed after due service upon the appellant as well as
the private respondent. This is what the Examination Board had to
Patna High Court LPA No.1446 of 2013 dt.17-04-2017
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say in paragraphs 6 to 8 :
"6. That the present context it is submitted that after
receipt of the document, pertaining to passing of the
matriculation examination of 1996 relating to the private
respondent, the issue of genuineness of the said certificate,
marks sheet & other relating documents, have been looked
into carefully and duly verified with the connecting
records pertaining to the said matriculating examination
of 1996 at the Board i.e. the respective tabulation register
of the said exanimation.
7. That in this respect it is humbly submitted that the
details as given in the marks sheet and certificate of the
said matriculation examination in question obtained
under Roll Code 07318, Roll No.0187 of the Annual
Secondary School Examination 1996, have been verified
carefully from the Tabulation Register available at the
Board, the relevant details have been found at DTR Group
No.170 Page No.1674, which are as follows :-
Roll Code- 07318
Roll Number- 0187
Year of Examination - 1996 (A)
Name of Candidate- RAJ KUMAR YADAV
Father's Name- BHIKHARI Yadav
Date of Birth- 10.01.1980 (10th January 1980)
Total Marks- 267 (Two hundred sixty seven),
Division- Fail
8. That it is submitted that the details as given above has
been corroborated with the computerized system at the
Board containing the relevant information with respect to
the said matriculation examination in question."
On being confronted with the above stand of the Bihar
School Examination Board, counsel representing the private
respondent has nothing to offer as a matter of defence or explanation.
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His stand is what is emerging from findings given by the learned
Single Judge in the order impugned dated 22.2.2012.
The very foundation based on which relief had been
granted to the private respondent, namely, Dig Vijay Kumar, is
completely knocked out by the position emerging from finding of the
Bihar School Examination Board. If the basic educational
qualification, which formed the basis for the so-called appointment
and claim of salary, is not authentic or cannot be corroborated to be
authentic then all the observations and direction given by the learned
Single Judge in his order dated 22.2.2012 have to go.
The appeal is allowed. The impugned order dated
22.2.2012passed in CWJC No.3815 of 2009 is set aside.
(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) sk AFR/NAFR NAFR CAV DATE NA Uploading Date 18.4.2017 Transmission NA Date