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2013 DIGILAW 429 (PAT)

Sushila Marik v. State of Bihar through the Chief Secretary, Old Secretariat, Govt. of Bihar

2013-04-01

S.N.HUSSAIN

body2013
ORDER 1. Heard learned counsel for the petitioner and learned counsel for the respondents State of Bihar and its authorities. 2. This case is being heard without any notice to private respondent no.4, who is not a necessary party to this writ petition, as she had already resigned from her post much earlier. 3. This writ petition has been filed by the petitioner challenging selection and appointment of private respondent no.4 to the post of Anganbari Sevika at Anganbari Centre situated at Matik tola of Karzain Panchyat under Raghopur Block in the district of Supaul on the ground that she has succeeded in obtaining her selection and appointment by producing forged and fabricated educational testimonials in collusion with some government authorities, whereas the petitioner who is a genuine applicant having all the proper educational and other requirements has been denied. 4. Learned counsel for the petitioner submits that in response to the notification she applied for the post of Anganwari Sevika at Matik Tola of Karzain Panchyat under Raghopur Block in the district of Supaul with her educational certificates. However, respondent no.4 also applied for the same post but her application accompanied forged, fabricated and manipulated educational certificates as has been mentioned in paragraph 4 series of the writ petition, but in spite of that respondent no.4 was declared selected in view of her so called 63.57% marks. 5. Learned counsel for the petitioner submits that against the selection and appointment of respondent no.4 petitioner complained before the Child Development Project Officer, Supaul and also before the higher authority, but no one took any step in that regard and hence petitioner was compelled to file this writ petition. 6. Learned counsel for the respondents State of Bihar and its authorities vehemently opposes the contentions of learned counsel for the petitioner on the grounds mentioned in their counter affidavit dated 28.01.2013 stating that the said Child Development Project Officer, Supaul had already written to the Secretary of the Bihar School Examination Board on 10.10.2012 for verifying the certificates submitted by respondent no.4 and the said report was awaited. 7. The petitioner has filed an interlocutory application bearing I.A.No.1968 of 2013 in which it was specifically stated that when genuineness of her certificates were sent for investigation before the Bihar School Examination Board, respondent no.4 submitted her resignation on 19.12.2012 (Annexure-12). 8. 7. The petitioner has filed an interlocutory application bearing I.A.No.1968 of 2013 in which it was specifically stated that when genuineness of her certificates were sent for investigation before the Bihar School Examination Board, respondent no.4 submitted her resignation on 19.12.2012 (Annexure-12). 8. Considering the averments made by learned counsel for the parties and the materials on record, it is quite apparent that the petitioner has been throughout from the very beginning complaining that the educational testimonials of respondent no.4 were forged and fabricated, but it transpires that without any enquiry from the Bihar School Examination Board, respondent no.4 was selected and appointed and much later only after four years of filing of this writ petition a letter was sent by the authority concerned before the Bihar School Examination Board for ascertaining the genuineness of the educational testimonials produced by respondent no.4. This obviously should have been done by the authorities before appointing respondent no.4 on the said post. 9. Now the resignation of respondent no.4 clearly shows that it was merely done to save her from any action against her for producing false, forged and fabricated documents to obtain the favour for appointment. 10. In the said circumstances, this writ petition is disposed of with a direction to appoint the petitioner on the now vacant post of Anganwari Sevika of Matik Tola North Centre no.21 situated in Karzain Ward No.12 in Raghopur Project of Supaul District. The respondents authorities are also directed to send a reminder to the Bihar School Examination Board for submitting its report after verifying the educational documents of respondent no.4 and if it is found to be forged and fabricated, appropriate action in accordance with law must be taken against her by the authority concerned.