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Neetu Devi Vs The State of Bihar — Education and Admissions | Patna HC (2023)

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Patna HC
2023
Neetu Devi Vs The State of BiharNeetu Devi v. The State of Bihar

Disposed

Neetu Devi v. The State of Bihar

Patna HC28 Nov 2023CWJC/7009/2023

Case brief

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What is this about?

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What the court decided

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A

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7009 of 2023

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Neetu Devi W/o Sri Sunil Sharma, R/o Vill. Rasauk, Police Station- Morkahi in the District of Khagariya.

... ... Petitioner/s

Versus

The State of Bihar through its Divisional Commissioner, Munger Division, Munger.

The Divisional Commissioner, Munger Division, Munger.

The District Magistrate, Munger.

The Director, I.C.D.S., Govt. of Bihar, Patna.

The District Programme Officer, Khagariya.

Mrs. Komal Thakur W/o Mukesh Kumar, R/o Vill. Rasuk, Police StationMorkahi in the district of Khagariya.

... ... Respondent/s

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the Divisional Commissioner had jurisdiction to declare the petitioner's educational certificate as forged without verification from the issuing board.
2.
Whether the order dated 03.12.2022 cancelling the Madhyama certificate should be quashed.

Statutes considered

1 provisions across 1 enactments

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ConstitutionArticle 226

Parties & counsel

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petitioner
Neetu Devi W/o Sri Sunil Sharma
respondent
State of Bihar through its Divisional Commissioner, Munger Division
respondent
The Divisional Commissioner, Munger Division, Munger
respondent
The District Magistrate, Munger
respondent
The Director, I.C.D.S., Govt. of Bihar, Patna

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 28 Nov 2023 · November
Registered: 6 May 2023
Case no.: CWJC/7009/2023

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Cite this judgement

Neetu Devi v. The State of Bihar, CWJC/7009/2023 (PAT), decided on 28 November 2023.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

ConstitutionArticle 226

View all statutes

Bench / Coram

Mohit Kumar Shah

Parties & counsel

Outcome

Disposed

Issue for consideration

Whether the Divisional Commissioner had jurisdiction to declare the petitioner's educational certificate as forged without verification from the issuing board. +1 more

Detailed headnote1 paragraphs

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A compact analysis

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.

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Appearance : For the Petitioner/s : Mr.Sanjeev Kumar, Adv. For the State : Mr.Md. Raisul Haque (SC-10) For the Resp. No.6 : Mr.Rajesh Sinha, Adv.

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

2 28-11-2023

The present writ petition has been filed seeking the following relief(s):-

“1.(I) To issue a writ in the nature of Certiorari to quash the order dated 03/12/2022 passed by Divisional Commissioner, Munger Division, Munger whereby and where under Madhyama Certificate (equivalent to Matriculation) of the petitioner was cancelled on frivolous ground. (II) Also issue a writ in the nature of Mandamus commanding the respondent to allow the petitioner to discharge her duty as Anganwari Sevika of Anganwari Centre No. 190 of ward No. 08 of Gram Panchayat Raj Rasauk in the district

Patna High Court CWJC No.7009 of 2023(2) dt.28-11-2023 2/2

of Khagariya without any hindrance.”

At the outset, a limited issue, has been raised by the learned counsel for the petitioner, to the effect that the learned Commissioner, Munger Division, Munger, has got no jurisdiction to declare the educational certificate of the petitioner, pertaining to Madhyama Examination, issued by the Bihar Sanskrit Siksha Board as being forged/false, as has been done by him, by the impugned order dated 03.12.2022, passed in Anganwari Sewa Appeal No.24 of 2021.

The learned counsel for the respondent-State submits that thought it is true that the learned Commissioner, Munger Division, Munger, has no authority to hold the educational certificate of the petitioner to be forged, unless and until the same is verified from the issuing institution/board in question, nonetheless, he submits that to the said extent, the said order dated 03.12.2022, may be held to be null and void. It is directed accordingly.

Accordingly, the present writ petitioner stands disposed off.

(Mohit Kumar Shah, J)

sonal/-

U

respondent

The District Programme Officer, Khagariya

Coram

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Mohit Kumar Shah

CNR

BRHC010314012023

Topic

Education and Admissions

Bench

Mohit Kumar Shah

Disposal

DISPOSED

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28 Nov 2023

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28 Nov 2023