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Patna High Court
Raj Kumar Das vs The State Of Bihar And Ors on 18 July, 2025
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6469 of 2017
======================================================
Raj Kumar Das Son of Sri Rawan Das, resident of Village- Karhara, P.S.-
Jhajha, District- Jamui.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Social Welfare, Bihar,
Patna.
2. Director, Bihar Mahadalit Vikas Misson, Patna.
3. The District Magistrate, Jamui.
4. The District Welfare Officer, Jamui.
5. The District Project Officer (Mahadalit Mission), Jamui.
6. The Sub Divisional Officer, Jamui.
7. The Sub Divisional Welfare Officer, Jamui.
8. The Block Development Officer Jhajha, District- Jamui.
9. The Block Welfare Officer Jhajha, District- Jamui.
10. The Secretary, Bihar School Examination Board, Patna-1.
11. Sohan Ravidas, Son of Nand Kishore Ravidas, resident of Village- Karhara
Kauwatol, P.S.- Jhajha, District- Jamui.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bharat Lal, Advocate
For the Respondent/s : Mr. Gyan Prakash Ojha, GA-7
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 18-07-2025
Heard learned Counsel for the petitioner, learned
Counsel for the Bihar School Examination Board and learned
Counsel for the State.
2. The present writ petition has been filed with the
following reliefs:-
"(A) For issuance of an
Patna High Court CWJC No.6469 of 2017 dt.18-07-2025
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appropriate writ/Order/direction,
directing the concern respondent to
dispose of the complain Cum
representation petition dated
27.3.2017
filed by the petitioner by
taking cognizance that Sohan Ravidas
respondent No. 11 has been appointed
Vikas Mitra in Gram Panchayat
Karhara under Block-Jhajha District
Jamui on the basis of forged
Certificate of Matriculation and
thereafter taking appropriate legal
action against him.
(B) Respondents may be
further directed to appoint Vikas Mitra
of Karhara Gram Panchahat to the
deserving candidate from the merit list
contained in Annexure-P/1.
(c) For any other relief/s for
which the petitioner is found entitled
to.”
3. Learned Counsel for the petitioner submits that the
petitioner has passed Matriculation examination in the year
1993 and his date of birth is 3 rd of December, 1976. He submits
that he belongs to the Mahadalit category and advertisement
was published on the notice board of Block Development
Officer, Jhajha (respondent No.8) for the appointment of Vikas
Mitra in Gram Panchayat Karhara, block- Jhajha, district-
Patna High Court CWJC No.6469 of 2017 dt.18-07-2025
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Jamui, in the year 2010. Counsel submits that private
respondent No.11 on the basis of producing forged
Matriculation certificate succeeded to get the appointment letter
from Mahadalit Vikash Mission. Counsel submits that he has
filed representation before the District Magistrate, Jamui, but his
representation was kept in abeyance and till date no decision
has been taken, thereafter he moved before this Court in the
year 2017.
4. Learned Counsel for the Bihar School Examination
Board has filed counter affidavit and in the said counter affidavit
it has been categorically mentioned in para-8 that the certificate
bearing Roll Code No. 2202, Roll No.0219 of Secondary School
Examination, 1997(A), which respondent No.11 is claiming to
be his own, is basically the certificate of one Anita Kumari and
with regard to certificate of respondent No.11, it has been
mentioned that the said certificate has never been issued by the
Board.
5. In this background, this Court deem it proper to
remand back the matter before the the District Magistrate,
Jamui, and the District Magistrate, Jamui is directed to take
decision with regard to the petitioner’s matter for which he has
filed representation before the District Magistrate, Jamui, in the
Patna High Court CWJC No.6469 of 2017 dt.18-07-2025
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year 2017.
6. It is directed to the petitioner to file fresh
representation along with a copy of the writ petition and a copy
of the counter affidavit filed by the Bihar School Examination
Board before the District Magistrate, Jamui, to take decision
with regard to the petitioner and respondent No.11.
7. It is made clear that after production of the order
along with representation within 30 days from today, the District
Magistrate shall take decision with regard to the petitioner and
private respondent No.11 within 90 days from the date of
appearance of all concerned and if it is found that respondent
No.11 has done wrong then he shall be removed immediately
after granting opportunity of hearing and at his place the
petitioner shall be appointed.
8. With this direction, the writ petition stands disposed
off.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR CAV DATE NA Uploading Date 19.07.2025 Transmission Date
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