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2021 Supreme(Pat) 618

IN THE HIGH COURT OF PATNA
Sanjay Karol, Prabhat Kumar Singh, JJ.
Sudha Kumari - Appellants
Vs.
Chairman, Bihar Sanskrit Shiksha Board - Respondent
Letters Patent Appeal No. 107 of 2016
Decided On : 21-01-2021

Advocates Appeared:
For the Appellant : Bindhyachal Singh and Umesh Kumar
For the Respondents: Mukund Mohan Jha, AC to GP-27, Anil Singh, S.S. Sundaram and Rabindra Pd. Sing

Headnote:

School Laws – Examination – Forged Certificate – Petitioner's request for issuance of original certificate for having cleared the examination for course of Madhyama stood rejected – Sanskrit Shiksha Board had submitted that no such candidate in name of appellant had appeared in examination – Investigation simply reveals document relied upon by appellant not to have been issued by authorities i.e. Bihar Sanskrit Shiksha Board, Patna – Also, it is recommended that F.I.R. be registered against erring officers/official(s) of Board as also private parties – Vigilance Department shall forthwith register First Information Report in relation to alleged forged record prepared by Institution imparting education to appellant; officers/officials of Bihar Sanskrit Shiksha Board as also any one of private parties involved in such process. (Paras 4, 8 and 9)

JUDGMENT :

Sanjay Karol, J.

1. The instant Letters Patent Appeal has been filed against the judgment dated 29.10.2015 passed by a learned single Judge of this Court in C.W.J.C. No. 12764 of 2013, titled as Sudha Kumari v. The Chairman, Bihar Sanskrit Shiksha Board, Patna and Ors., whereby the said writ petition stood dismissed.

2. Having heard learned counsel for the parties, we are of the considered view that no case for interference is made out with the impugned judgment dated 29.10.2015 passed in C.W.J.C. No. 12764 of 2013, titled as Sudha Kumari v. The Chairman, Bihar Sanskrit Shiksha Board, Patna and Ors.

3. The writ-petitioner had approached the Court by filing a petition under Article 226 of the Constitution of India, seeking quashing of Annexure-4 dated 23 of November, 2012, whereby petitioner's request for issuance of original certificate for having cleared the examination for the course of Madhyama stood rejected.

4. The facts of the case being that the appellant/petitioner was a student of Madhyama in the Baidie Sahitya High School, the examination for which is conducted by the Bihar Sanskrit Shiksha Board, Patna. The petitioner appeared and passed with First Division in the Madhyama Examination-2000. The mark-sheet, provisional certificate and the School Leaving Certificate was issued by the concerned school. The petitioner then applied for the post of Anganwari Sevika and as per the merit list, she was selected as Sevika. The problem arose when the petitioner was to produce original certificate, and demanded the same from the Examination Board, the Sanskrit Shiksha Board had submitted that no such candidate in the name of the appellant had appeared in the examination and the roll number that has been shown by the appellant is the roll number of one Kumari Shalinta Suman.

5. The learned single Judge did not find favour with any one of the contentions raised by the petitioner, appellant herein, and in Paragraph Nos. 7 to 9 has observed as under:

"7. The Court therefore directed the counsel representing the Sanskrit Shiksha Board to produce the original register from where entries could be verified. The original register for the year 2000 was produced before the Court. The relevant entries were shown not only to the Court but even to the counsel for the petitioner on which counsel for the petitioner reacted in a very unprofessional and unbecoming manner. He tried to hurl all kinds of accusation against the Board and the counsel on record. Obviously, it was a reaction against being cornered on false pleadings and assertions, which were made in the writ application to beget a relief.

8. The Court after having verified the register does opine that the register is authentic. The entries have been made in a sequence. There is neither any cutting, over-writing or insertion of any kind and that the stand of the Board reflected in paras 8, 9 and 10 of the counter affidavit is corroborated thorough and through.

9. If this is the position then obviously the petitioner has tried to use a forged or fabricated Xerox copy of admit card or a mark-sheet to beget a mark-sheet which is not available to her. In fact, looking at the admit card and the over-writing therein could be an indicator that there is deliberate effort of interpolation made by the petitioner or on her behalf. Her sister was a candidate in the said examination and based on the documents of her sister, certain interpolations have been made and writ application filed by making all kinds of allegations against the Sanskrit Shiksha Board. Such conduct of the petitioner is therefore condemnable and the petitioner does not deserve any benefit or relief in view of such controversial facts and circumstances."

6. During the pendency of the present appeal, on 24 of September, 2019, a Co-ordinate Bench of this Court had passed an interim order, which reads as under:

"In this case the present appellant is claiming that she has done Madhyama through the Vaidic Sahitya Sanskrit High Schoo

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