IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2774 of 2014
======================================================
Ashraf Khan, Son of Md. Jahangir Khan, Resident of Village- Govindpur Khajuri, Post Office- Khajuri, P.S. Kalayanpur, District- Samastipur ... ... Petitioner Versus
1. Bihar School Examination Board, Patna through its Chairman.
2. The Secretary, Bihar School Examination Board, Patna
3. The Assistance Secretary (Darbhanga), Bihar School Examination Board, Patna.
... ... Respondents ====================================================== with Miscellaneous Jurisdiction Case No. 1637 of 2017 In Civil Writ Jurisdiction Case No.221 of 2013 ====================================================== Ashraf Khan son of Md. Jahangir Khan, resident of Village- Govindpur Khajuri, P.O.- Khajuri, P.S.- Kalyanpur, District- Samastipur.
... ... Petitioner Versus
1. The State of Bihar through Sri R. K. Mahajan, the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna.
2. Sri M. Ram Chandra Tuddu, the Director, Primary Education, Human Resources Development Department, Government of Bihar, Patna.
3. Sri Braj Kishore Ojha, The District Education Officer, Samastipur.
4. Sri Ram Chandra Mandal, The District Program Officer Establishment Samastipur.
5. Sri Dhananjay Kumar, The Block Development Officer-cum-Secretary Block Employment Unit, Kalayanpur, District-Samastipur.
6. Sri Nandan Kumar, The Block Education Extension Officer, Kalyanpur, District- Samastipur.
7. Smt. Krishna Devi, Pramukh, Panchayat Samiti, Kalyanpur, District-
Samastipur.
8. Sri Baijnath Paswan, The Mukhiya, Gram Panchayat Raj, Govindpur, Khajuri, Block- Kalyanpur, Distric
9. Sri Vivekanand Bharti, The Head Master, Govt. Upgraded Middle School, Hasanpur Kirat, Kalyanpur, District-Samastipur.
... ... Opposite Parties ====================================================== Patna High Court CWJC No.2774 of 2014 dt.09-08-2023 2/12 with Civil Writ Jurisdiction Case No. 8420 of 2017 ====================================================== Ashraf Khan Son of Md. Jahangir Khan, Resident of Village- Govindpur Khajuri, P.O.- Khajuri, P.S.- Kalyanpur, District- Samastipur. ... Petitioner Versus
1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna.
2. The Director, Primary Education, Human Resources Development Department, Government of Bihar, Patna.
3. The District Education Officer, Samastipur.
4. The District Superintendent of Education, Samastipur.
5. The District Program Officer (Establishment), Samastipur.
6. The Block Development Officer- Cum- Secretary Block Employment Unit, Kalayanpur, District- Samastipur.
7. Pramukh, Panchayat Samiti, Kalyanpur, District- Samastipur.
8. Mukhiya, Gram Panchayat Raj, Govindpur, Khajuri, Block- Kalyanpur, District- Samastipur.
9. The Head Master, Govt. Upgraded Middle School, Hasanpur Kirat, Kalyanpur, District- Samastipur.
... ... Respondents ====================================================== Appearance :
(In Civil Writ Jurisdiction Case No. 2774 of 2014) For the Petitioner/s : Mr. Sanjay Kumar Mishra, Advocate For the Respondent/s : Mr. Piyush Lall, Advocate For the BSEB : Mr. Girijesh Kumar, Advocate (In Miscellaneous Jurisdiction Case No. 1637 of 2017) For the Petitioner/s : Mr. Sanjay Kumar Mishra, Advocate For the Opposite Party/s : Mr. Prabhat Ranjan Singh, AC to AAG-13 (In Civil Writ Jurisdiction Case No. 8420 of 2017) For the Petitioner/s : Mr. Sanjay Kumar Mishra, Advocate For the Respondent/s : Mr. Kamal Nayan, AC to SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date : 09-08-2023 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Bihar School Examination Board (hereinafter referred to as the 'Board'). Patna High Court CWJC No.2774 of 2014 dt.09-08-2023 3/12
2. These three matters have been tagged and on the request of the parties, these are being taken up for consideration together.
CWJC No. 2774 of 2014
3. This writ application has been filed questioning the Publication No. 02/14 in daily newspaper dated 08.01.2014 by which the respondents have declared the marksheet and the certificates of the petitioner illegal and prohibited him from their use.
4. The case of the petitioner is that he passed the Secondary School Examination (Supplementary) in the year 1995 from High School Siropatti, Khatuaha in 1 st Division under Roll Code- 6302, Roll No. 09 and Registration No. 631-46/10505 of the year 1994. He was appointed as Shiksha Mitra in the year 2003 and was confirmed as Panchayat Teacher in the year 2006 in the Primary School Hasanpur Kirat.
5. The petitioner claims that he received a Letter No. DP 2694 dated 12.12.2011 addressed to the student, namely, Ashraf Ali Khan whose Roll Code was mentioned as 6307, Roll No.-22, date of birth-03.01.1968 and was shown passed the Annual Examination in the year 1983. He was directed to produce the original certificate, marksheet and admit card before the Joint Secretary of the Authority at Darbhanga within a week otherwise it was informed that the Board will take an ex-parte decision.
6. The petitioner claims that the petitioner received the said letter only because his name is Ashraf Khan. According to him, Patna High Court CWJC No.2774 of 2014 dt.09-08-2023 4/12 the envelope was not related to him, therefore, the petitioner replied to the Board that the said letter is not related to him. Again a registered envelope was received by the petitioner wherein he was informed that since he had not appeared before the respondent with certificates of Secondary Examination issued to him in compliance of Letter No. 2694, as such he was directed to produce himself physically before the respondent failing which an ex-parte decision will be taken by the respondent. Again, the petitioner replied the same and one thing. Admittedly, he did not appear before the respondent Board and its authorities. In the aforementioned background, the impugned publication/ communication was made in daily newspaper dated 08.01.2014 by which the respondent Board cancelled the result of the Supplementary School Examination, 1995 of the petitioner and the marksheet and other certificates issued to him have been declared illegal and prohibited him from their use.
CWJC No. 8420 of 2017
7. This writ application has been filed for the following reliefs:-
"i. For quashing the order passed by the Block Development Officer-cum-Secretary Block Employment Unit, Kalayanpur, circulated vide Memo No. 588 dated 15/04/2017 (Annexure-13), by which appointment of the petitioner as "Prakhand Sikshak" has been declared illegal and accordingly been terminated from service.
ii. For a direction to respondents to reinstate the petitioner with his post and posture with effect from 15.04.2017 i.e. from the date of the termination.
Patna High Court CWJC No.2774 of 2014 dt.09-08-2023 5/12 iii. For any other relief/reliefs for which petitioner be entitled to get from this Hon'ble Court."
8. In this writ application, the petitioner has questioned his termination as 'prakhand Shikshak'. According to him, one Jagdish Mahto had filed one CWJC No. 221 of 2013 against appointment of the petitioner alleging that the petitioner had obtained his appointment on the basis of forged certificate of Matriculation. The said writ application was heard by this Court and vide order dated 07.01.2014, this Court had allowed the petitioner to continue pending inquiry into his appointment on the basis of alleged forged Matriculation certificate. A perusal of the order dated 07.01.2014 shows that this Court had directed the Secretary of the Board to conduct the inquiry himself, inspect all the documents of the two schools either by visiting those schools or calling for the relevant records and the case was ordered to be listed after three months. The Court specifically recorded in its order that the writ petitioner who was respondent no. 12 in the writ application of Jagdish Mahto may continue in service and would also get his salary but then in the event of it is being found that he had got his appointment on the basis of forged Matriculation certificate, he will be bound to refund the entire money drawn from the Government Exchequer and will also be subjected to criminal proceeding.
Patna High Court CWJC No.2774 of 2014 dt.09-08-2023 6/12
9. The grievance of the petitioner in this writ application is that despite there being an interim order in CWJC No. 221 of 2013, the Board has cancelled the result of the petitioner on 08.01.2014 i.e. on the very next day. In this writ application, it is stated that the said notification has been challenged by the petitioner in CWJC No. 2774 dated 2014 and vide order dated 04.07.2014, CWJC No. 2774 of 2014 and CWJC No. 221 of 2013 were tagged for hearing.
MJC No. 1637 of 2017
10. This application has been filed for initiation of a proceeding for contempt against the opposite parties for their willful disobedience and disregard shown to the order dated 07.01.2014 passed in CWJC No. 221 of 2013. The grievance of the petitioner is that on the very next day of the interim order i.e. 07.01.2014, the Board had cancelled the result of the petitioner vide notification dated 08.01.2014, therefore, it may be a case of contempt.
Submissions of the Petitioner
11. Mr. Sanjay Kumar Mishra, learned counsel for the petitioner in these matters has submitted that the result of the petitioner was cancelled without giving appropriate opportunity of hearing to the petitioner and the same is not in accordance with the direction of this Court as contained in the order dated 27.08.2018 Patna High Court CWJC No.2774 of 2014 dt.09-08-2023 7/12 passed in CWJC No. 221 of 2013 and the present two writ applications which were also heard together with CWJC No. 221 of 2013.
12. Learned counsel has drawn the attention towards the order dated 27.08.2018 in which this Court has no doubt taken a prima-facie view against the petitioner but then granted one week's time to the petitioner to file an affidavit for deposit of Rs.50,000/- so that the Board may again examine the entire issue afresh after hearing the petitioner and pass an appropriate order on the validity of the certificate. Learned counsel submits that the Board has not examined the matter afresh in the light of the order of this Court. It is submitted that the petitioner had deposited Rs.50,000/- with the Board.
Submissions on behalf of the Board
13. Mr. Girijesh Kumar, learned counsel for the Board submits that after the order dated 27.08.2018 was passed by this Court in CWJC No. 221 of 2013 and other analogous matters, this Court passed yet another order dated 01.10.2018 and the direction of this Court was to inquire into the genuineness of the certificates of the petitioner whereafter the Board has examined the matter afresh which would be evident from Letter No. DP 2364 dated 04.12.2018 written by the Examination Controller (Secondary) of the Board to the Secretary of the Board. This is in the nature of a Patna High Court CWJC No.2774 of 2014 dt.09-08-2023 8/12 report from which it would appear that on re-examination of the entire matter once again, the Board has found that the same and one examinee had appeared in the Board Examination in two different years from two different schools by changing his name and the date of birth was changed to the extent of nine years. Learned counsel submits that this Court had taken a prima-facie view with regard to the cancellation notification in its order dated 27.08.2018 and thereafter the petitioner has not brought on record any material fact which may lead this Court to take any other view.
14. It is submitted that on his own averment in the writ application, this Court has noticed that the petitioner was earlier called upon to appear in person but he did not make it and kept on avoiding his cooperation with the Board. Learned counsel submits that when CWJC No. 221 of 2013 was taken up for final consideration on 18.04.2023, this Court was informed of the interim order dated 07.01.2014 and then the notification of the Board that led to cancellation of his result. The said writ application was rendered infructuous and accordingly dismissed.
15. Learned counsel has taken this Court through the supplementary counter affidavit filed on behalf of the Board as per direction of this Court and Annexure 'H' to the said affidavit is the fresh report of the Controller of Examination as contained in Letter No. DP 2364 dated 04.12.2018 which has been referred Patna High Court CWJC No.2774 of 2014 dt.09-08-2023 9/12 hereinabove. It is submitted that in the given facts and circumstances of the case where on repeated examination of the records which are in possession of the Board if it has been concluded that it is the same and one person who had appeared in the two examinations by changing his name only slightly and by reducing his age, this Court sitting under Article 226 of the Constitution of India may not act as a fact finding Court to reverse the finding of the Board.
Consideration
16. Having heard learned counsel for the parties and upon going through the materials on the record, this Court finds that admittedly, the petitioner was called upon to make available the certificates and also to appear before the Board. He admits in paragraph '8' of the writ application (CWJC No. 2774 of 2014) that he was directed to produce himself physically before the respondent. He did not comply with the said direction and kept on non-cooperating with the Board in the inquiry by sending the same and one reply that the letter of the Board does not relate to him. The facts and circumstances under which the entire inquiry has been made by the Board repeatedly at the instance of this Court have been fully explained in the counter affidavit and the supplementary counter affidavit by the Board. The findings of the Patna High Court CWJC No.2774 of 2014 dt.09-08-2023 10/12 Board in Annexure 'H' to the supplementary counter affidavit are being reproduced hereunder for a ready reference:-
" i=kad DP- 2364 fcgkj fo|ky; ijh{kk lfefr] iVukA izs'kd %& ijh{kk fu;a=d ¼ek/;fed½ fcgkj fo|ky; ijh{kk lfefr] iVukA lsok esa] lfpo] fcgkj fo|ky; ijh{kk lfefr] iVukA iVuk] fnukad& 04@12@2018 fo'k; %& ekuuh; mPp U;k;ky; iVuk esa nk;j okn la[;k& 221@2013 esa fnukad & 01-10-2018 dks ikfjr U;k;kns"k ds vkyksd esa oknh v"kjQ [kku ds izek.k i=ksa ds oS/krk ds tk¡p ds laca/k esaA egk"k;] mi;qZDr fo'k; ds lca/k esa funs"kkuqlkj lwfpr djuk gS fd ekuuh;
mPp U;k;ky; iVuk esa nk;j okn la[;k & 221@2013 esa fnukad 01-10-2018 dks ikfjr U;k;kns"k ds vkyksd esa ekuuh; mPp U;k;ky; }kjk ;g vkns"k nsus ds d`ik dh x;h gS fd "The Bihar School Examination Board(hereinafter referred to as the 'Board') is herby directed to enquire in to the genuineness of the certificate of Ashraf Khan" ds laca/k esa iz"kk[kk esa miyC/k vfHkys[kksa ls muds izek.k i=ksa dh tk¡p dh x;h tks fuEuor~ gS& 2- ekeyk nks vyx&vyx ijh{kk o'kksaZ esa vyx&vyx fo|ky;ksa ls nks ckj ek/;fed ijh{kk esa mŸkh.kZrk izkIr djus ls lacaf/kr gSa ftlesa oknh Nk= v"kjQ [kku] firk&eks0 tgk¡xhj [kku us o'kZ 1995 iwjd ek/;fed ijh{kk esa lfEefyr gksdj dqy izkIrkad & 559 izFke Js.kh ls mŸkh.kZrk izkIr fd;k] ftlesa mudk tUefrfFk 10-08-1977 ,oa iath;u la0&631&46@10505@94 gSA mDr ijh{kk ls lacaf/kr oknh Nk= v"kjQ [kku dk lfefr esa jf{kr vfHkys[k (DTR/OTR) ds vuqlkj iw.kZ fooj.k fuEuor~ gS %& vfHkys[k (DTR) dk fooj.k vfHkys[k (OTR) dk fooj.k jkSy dksM & 6302 jkSy dksM& 6302 esa jkSy u0& 01 ls jkSy ua0 & 09 11 rd dk dksbZ Hkh fooj.k ;Fkk jkSy iath;u & 631&46@10505@94 ua0] Nk= dk uke] firk dk uke tUe Nk= dk uke & ASHRAF KHAN frfFk ,oa fo'k;okj vad eqfnzr ugha gS] firk dk uke &MD. JAHANGIR KHAN tUe frfFk & 10-08-1977 cfYd jkSy ua0 & 12 ls eqfnzr gSS] mlesa dqy izkIrkad & 559/1st div. Hkh jkSy ua0 yxkrkj vafdr ugha gS cfYd fo|ky;dkuke & H.S. SIROPATTI KHATUAHA chp&chp dk jkSy ua0 NksM+ dj eqfnzr gSa dksVh & PRIVATE tcfd OTR esa ist la[;k yxkrkj gSA izek.k i= ds fuxZr la[;k & 0416279 okfn Nk+= v"kjQ [kku dk jkSy ua0& 09 gSAa ftldk fooj.k OTR esa miZ;qDr ds vuqlkj eqfnzr ugha gSA mDr ijh{kk ls lacaf/kr Nk= v"kjQ [kku dk iath;u cgh dk iw.kZ fooj.k fuEu izdkj gS%& iath;u la0 & 631&46@10505@94 Nk= dk uke & ASHRAF KHAN firk dk uke &MD. JAHANGIR KHAN tUe frfFk & 10-08-1977 dksVh & REGULAR Patna High Court CWJC No.2774 of 2014 dt.09-08-2023 11/12 3- mDr ijh{kk ls lacaf/kr oknh Nk= v"kjQ [kku dks mŸkh.kZrk izkIr gksus ij lfefr }kjk fuxZr ewy vad i= ,oa ewy izek.k&i= la[;k & 0416279 dk lR;kiu lfefr esa jf{kr vfHkys[k (DTR/OTR) ls fd;k x;kA ewy vad i= ,oa ewy izek.k&i= dk tk¡pksijkUr fooj.k fuEuor~ gSA %& ¼i½ oknh Nk= v"kjQ [kku ds ewy vad i= tks o'kZ 1995 iwjd ijh{kk ls lacaf/kr gS ds iw.kZ izfof'V dk feyku lfefr vfHkys[k (DTR/OTR) ls fd;k x;k] tks DTR ds vk/kkj ij lgh gSA 4- ;g Hkh mYys[kuh; gS fd iwoZ esa okf'kZd ek/;fed ijh{kk 1983 esa Nk= v"kjQ vyh [kku] firk& tgk¡xhj [kku jkSy dksM&6307] Øekad & 22] tUefrfFk 03-01-1968 ds lkFk mŸkh.kZ gksus dk iw.kZ fooj.k fuEuor~ gS %& vfHkys[k (DTR) dk fooj.k vfHkys[k (OTR) dk fooj.k jkSy dksM & 6307 Nk= dk uke & ASHRAF ALI KHAN jkSy ua0 & 22 firk dk uke &JAHANGEER KHAN Nk= dk uke & ASHRAF ALI KHAN tUe frfFk & 03-01-1968 firk dk uke &JAHANGEER KHAN dqy izkIrkad ds txg ij dkxt dkQh iqjkuk tUe frfFk & 03-01-1968 jgus ds dkj.k QksYM iM+ x;k gS] ijUrq dqy dqy izkIrkad & 547/1st Div. vadks dks tksM+us ij dqy izkIrkad & 547@1st fo|ky; dk uke & feYyr ,dSMeh] leLrhiqj Div. gksrk gSA ¼DTR esa fizaVsM ugha gS] cfYd gLrfyf[kr gS ½ fo|ky; dk uke & vafdr ugha gSA dksVh & Regular dksfV & Regular mDr Nk= dk mDr ijh{kk esa ijh{kkQy iwoZ esa viw.kZ Fkk ftls VScys"ku ds i"pkr iw.kZ dj dqy izkIrkad 547@izFke Js.kh ls mŸkh.kZ gq, gS ftldk ewy izek.k& i= la[;k & 264801] fnukad 06-03-1991 lfefr vfHkys[k (DTR) esa fuxZr ,oa vafdr gSA 5- f"kdk;r dŸkkZ Jh txnh"k egrks }kjk oknh Nk= v"kjQ [kku dk nks ckj ijh{kk mŸkh.kZ gksus ds laca/k esa yksd lwpuk ds varxZr yksd lwpuk inkf/kdkjh lg iz[kaM xzke iapk;r jkt inkf/kdkjh] dY;k.kiqj] leLrhiqj ds dk;kZy; esa nk;j okn la[;k & 44297@10&11 esa vij lekgŸkkZ ftyk& leLrhiqj ds funs"kkuqlkj voj fUkjh{kd dY;k.kiqj Fkkuk ftyk & leLrhiqj ds }kjk fo'k;&oLrq dh foLr`r tk¡p dh xbZ ftlesa muds }kjk ;g ik;k x;k gS fd Nk= v"kjQ vyh [kku firk & eks0 tgk¡xhj [kku] jkSy dksM&6307] Øekad & 22 o'kZ & 1983 ¼Annual½ ,oa oknh Nk= v"kjQ [kku firk & eks0 tgk¡xhj [kku] jkSy dksM& 6302] Øekad & 09] o'kZ& 1995 ¼Supp.½ ,d gh Nk= gSA tk¡p izfrosnu dks vij lekgŸkkZ ds }kjk vfHkizekf.kr ¼ATTESTED½ Hkh fd;k x;k gS ¼tk¡p izfrosnu dh Nk;kizfr layXu½A 6- mDr tk¡p izfrosnu ds vk/kkj ij lfefr dh fofu;ekoyh & 1964 dh /kkjk ¼V½ dh dafMdk&19 esa fufgr izko/kkuksa ds varxZr Nk= dk nwljk ijh{kkQy vFkkZr Nk= v"kjQ [kku] firk& eks0 tgk¡xhj [kku] jkSy dksM& 6302] Øekad& 09 iwjd ek/;fed ijh{kk] 1995 dk izdkf"kr ijh{kkQy dks lfefr }kjk jÌ dj fn;k x;k gSA 7- ;|fi oknh Nk= v"kjQ [kku firk & eks0 tk¡xhj [kku] jkSy dksM&6302] Øekad& 09] iwjd ek/;fed ijh{kk o'kZ& 1995 esa lfEefyr gksdj mŸkh.kZ gq, gS ,oa mudk izek.k i= lgh gS ijUrq ;g ekeyk ,d gh ijh{kkFkhZ dk nks vyx&vyx ijh{kk o'kksZ esa vyx&vyx fo|ky;ksa ls viuk uke] firk uke esa ekewyh cnyko dj ,oa tUefrfFk esa yxHkx 09 ¼ukS½ o'kZ ?kVkdj voS/k rjhds ls ijh{kk esa lfEefyr gksdj mŸkh.kZ gksus ds dkj.k lfefr ds fu;ekoyh ,oa lfefr ds fu.kZ; ds vkyksd esa muds }kjk fn;s x;s ckn dk ijh{kk ¼1995 iwjd ijh{kk½ dk ijh{kkQy jÌ dj fn;k x;k gSA fo"oklHkktu g0@& ijh{kk fu;a=d ¼ek/;fed½ fcgkj fo|ky; ijh{kk lfefr] iVuk"
17. On the face of the finding recorded by the Board, this Court finds no reason to record its own finding on the basis of Patna High Court CWJC No.2774 of 2014 dt.09-08-2023 12/12 mere submissions of the petitioner. This Court sitting under Article 226 of the Constitution of India would not act as a fact finding Court in such disputed matters where the Board has twice conducted the inquiry and came to the same and one finding.
18. In result, this Court finds no merit in the writ applications. The order terminating service of the petitioner is only a consequential order because his certificates are not genuine and the Board has cancelled those certificates which were the basis of getting his appointment.
19. Thus, both the writ applications as well as the contempt application have no merit and are dismissed accordingly.
(Rajeev Ranjan Prasad, J) SUSHMA2/-
AFR/NAFR CAV DATE Uploading Date 10.08.2023 Transmission Date