In a writ petition for regular class-IV government post appointment, the Patna High Court dismissed the petition due to credibility issues regarding the petitioner's educational qualification certificates which appeared forged.
The petition seeking regular appointment to the class-IV post was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15768 of 2013
=========================================================== Sanjay Kumar Pandit Son of Shri Pancha Nand Pandit resident of village - Laloo Chak Angari, P.O. Ishak Chak, P.S. Lodipur, District – Bhagalpur.
.... .... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : Mr. Pratap Sharma For the Respondent/s : Mr. K.P. GUPTA
=========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 21-07-2016
Heard learned counsel for the petitioner and learned
counsel for the State.
In this case, the petitioner is seeking the regular appointment on class-IV post in pursuance of State Government Policy decision whereby and whereunder decision was taken by the State Government to fill up the vacant post from the district panel.
The petitioner in pursuance of Advertisement no. 01 dated 19.08.2004, applied for class-IV post, his name is standing at serial no. 4729, attaching his educational qualification claiming that
Patna High Court CWJC No.15768 of 2013 dt.21-07-2016
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he was 8th pass, hoped to be appointed as class-IV post. When he could not hear about his appointment, he approached this Court in C.W.J.C. No. 8054 of 2007. The matter was remanded back. The case of the petitioner is that he is 8th pass candidate and has wrongly been refused to be appointment as class-IV post. In support of his application, he has attached the certificate issued in the year 2003 showing his educational qualification as class 8th pass.
A counter affidavit has been filed. From the pleading and record attached to the counter affidavit itself show that the petitioner had earlier filed a certificate of the year 1979 in which he has declared his qualification 7th pass and it does not look sound that he has taken 23 years to clear the 8th examination. It apparently shows that either the School Leaving Certificate of 1979 was forged and fabricated or the School Leaving Certificate of the year 2003.
The petitioner has not come with a clean hand, in such circumstances, this Court refuses to exercise discretion in favour of the petitioner. Accordingly, this petition is dismissed.
(Shivaji Pandey, J)
Mahesh/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | |
| Uploading Date | 23.07.2016 |
| Transmission Date |
2 issues framed by the court
Whether the petitioner is entitled to regular appointment on class-IV post when his educational qualification certificates appear forged or fabricated.
Whether the court has the discretion to regularise the petitioner's appointment given the discrepancy in his declared qualifications over 23 years.
Sanjay Kumar Pandit
The State of Bihar
The Commissioner cum Secretary, Person and Administrative Reforms Department, Government of Bihar
The Divisional Commissioner, Bhagalpur
The District Magistrate, Banka
The Deputy Development Commissioner, Banka
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
