Research › Search › Judgment

Jharkhand High Court · body

2015 DIGILAW 1432 (JHR)

Fulmatiya Devi v. State of Jharkhand

2015-11-19

APARESH KUMAR SINGH

body2015
ORDER : Heard learned counsel for the parties. 2. Petitioner has questioned the appointment of private respondent as a Para Teacher in Science subject in Upgraded Middle School, Gowakala in the district of Chatra alleging that he had submitted fake documents of Intermediate in Science though he had passed Intermediate in Arts. Petitioner in support thereof enclosed certain provisional certificates and marks statement of Bihar Intermediate Education Council issued in the name of private respondent as a student of Chatra College Chatra. According to the counsel for the petitioner, the Principal, Chatra College Chatra through AnnexureI letter dated 3rd May, 2012 had also informed the applicant seeking information under R.T.I relating to the qualification of private respondent that the certificates enclosed with his application relating to the private respondent of Science were forged as the said person was student of Arts. 3. In order to traverse the contention of the petitioner respondents have annexed the report of Principal, Chatra College, Chatra dated 21st September, 2012, which certifies that the private respondent was a student of Arts in the said college having Roll no. 30058, Registration no. 0008496 and had passed the Intermediate in Arts Exam in July, 1998. He has good character. Respondents have also enclosed the matriculation certificate of private respondent issued by Bihar School Examination Board dated 6th September, 1996; the Marks statement of Bihar Intermediate Education Council issued on 25th July, 1998 which shows that he had passed Intermediate in Arts Exam held in April, 1998. The certificate of Intermediate in Arts of the private respondent is also enclosed apart from the certificate of Graduation issued by Vinoba Bhave University, Hazaribagh dated 22nd May, 2002. Learned counsel for the respondents has also referred to the statements of marks in Master of Arts (History) of the private respondent issued by Indira Gandhi National Open University along with transfer certificate of private respondent from Chatra College Chatra dated 20th July, 2002. Counsel for the respondents submits that these documents have been duly verified by the respondents and the selection exercise as Para Teacher of the school was also for the subject of Arts for which he holds the qualification of Arts. Upon inquiry, Intermediate of Arts and B.A. Certificate of the private respondent were found genuine and correct. The Respondent-State submits that I.Sc certificate of respondent no. Upon inquiry, Intermediate of Arts and B.A. Certificate of the private respondent were found genuine and correct. The Respondent-State submits that I.Sc certificate of respondent no. 5 produced by the petitioner, Fulmatiya Devi were forged and fabricated and not attested by any one as evident from perusal of Annexure1 to the writ application. The respondent no. 5 had submitted I.A. and B. A pass certificates at the time of selection by the Village Education Committee of U. M. S. Gowa Kala as evident from Annexure-A, the proceeding of Village Education Committee of the said school under Block-Simaria, District-Chatra held on 10th November, 2007 and attended by several villagers. Counsel for the respondents therefore submits that the entire challenge to the selection of private respondent is based on fictitious claim and forged document. 4. Having considered the rival submission of the parties in the light of the aforesaid facts pleaded, the challenge to the selection of private respondent as Para Teacher in Upgraded Middle School, Gowakala in the district of Chatra is unsubstantiated by any genuine and authentic documents. On the contrary the respondents have shown that selection was made after due consideration of his qualification of Arts in Intermediate as well as Graduation against the vacancy of Arts Para Teacher and certificates have been found to be genuine and correct. In fact, petitioner has not at all disclosed her locus standi or identity in the writ petition except stating in the affidavit that she is the wife of one Lalit Sao, resident of village-Banasari, P.O.& P.S.Simaria, District-Chatra. Such challenge to selection of a person on wholly unsubstantiated allegations and documents which are apparently shown to be fictitious and forged is seriously deprecated. The writ petition cannot stand on any counts. It is also felt necessary to observe that the respondent authority of the district would consider to proceed in accordance with law against the petitioner who has made such unfounded allegation. 5. Accordingly, the writ petition is dismissed.