Research › Search › Judgment

Patna High Court · body

2014 DIGILAW 688 (PAT)

Kumari Manisha v. State Of Bihar

2014-06-19

CHAKRADHARI SHARAN SINGH

body2014
Order Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State as well learned counsel for the Bihar School Examination Board. 2. A very short point is involved in the present writ application. The petitioner seeks quashing of the letter No. 105 dated 05.11.2012 by which her service as Panchayat Teacher in Primary School, Devi Asthan, Amhara, Bihta, Patna has been terminated on the ground that she obtained the intermediate qualification illegally and produced forged and fabricated certificate for her re-appointment. 3. It appears that before issuance of the impugned order, notice was issued to the petitioner vide letter dated 15.10.2012 asking her to show-cause as to why appropriate action be not taken against her for having produced certificate in support of her intermediate qualification, obtained illegally. The basis for issuance of the said show-cause notice was that the petitioner worked as “Shiksha Mitra” for the Sessions 2003-2004 and 2004-2005 and in the meanwhile, she is said to have enhanced her qualification to intermediate as a regular student of R.P. College, Datiyana, Bikram, Patna. It was indicated in the said show-cause notice that while serving as “Shiksha Mitra”, she could not have appeared as regular candidate for intermediate examination from the said R.P. College, Datiyana, Bikram, Patna. 4. In the required Rules/Circulars, the said “Shiksha Mitra” were required to enhance their qualification to intermediate. The petitioner obtained the said certificate after having passed the examination from Bihar School Examination Board. The genuineness of the certificate issued by the Board is not in dispute. Learned counsel appearing on behalf of the Board has specifically submitted that said certificate has been found to be genuine and was issued by the Bihar School Examination Board. Learned counsel for the petitioner has relied upon an order of this Court dated 05.08.2010 passed in C.W.J.C. No. 5983 of 2010 wherein this Court held as follows:- “The first thing that the Court notices is that Government required the Shiksha Mitra/Panchayat Teacher to enhance their educational qualification. That was the object of the exercise. It is not disputed that the petitioners have enhanced their educational qualification accordingly. It is also not in dispute that the marksheet and the passing certificate granted by the Bihar Intermediate Education Council are genuine and not forged or fraudulent. That was the object of the exercise. It is not disputed that the petitioners have enhanced their educational qualification accordingly. It is also not in dispute that the marksheet and the passing certificate granted by the Bihar Intermediate Education Council are genuine and not forged or fraudulent. Once the Bihar Intermediate Education Council recognizes the academic standard of the petitioners and grants the certificate then, in my view, it does not lie upon the authorities not to recognise the same. The Bihar Intermediate Education Council is an autonomous statutory body and having granted the certificate, it is they who can cancel it and no other authority, at least in the State of Bihar, can ignore the same or take away its efficacy in any manner.” 5. I am in agreement with the said order of this Court and the reasoning that once the Board recognized the academic standard of the petitioner and granted certificate, it was not open to the authorities not to recognize it, though it was open to them to take appropriate steps before the Board in this regard. 6. The impugned order is, therefore, not sustainable and is quashed. The petitioner is directed to be reinstated forthwith with all back wages.