The court reaffirmed that appointments based on invalid qualifications can be deemed fraudulent and upheld the necessity of proving the legitimacy of educational credentials.

ORDER

2 17-12-2025

Heard learned counsel for the petitioner and learned counsel for the Respondent-State.

2. This writ application has been filed for challenging the order dated 18.08.2025/28.07.2025 passed by the Chairman, State Appellate Authority, Patna in Appeal Case No. 09 of 2024 by which the State Appellate Authority has upheld the order dated 30.03.2024 passed in Appeal Case No. 40 of 2023 by the District Teachers Appellate Authority.

3. Learned counsel for the petitioner submits that the petitioner passed her matriculation examination in the year 2000 from West Bengal Board of Secondary Education and she took admission in Primary Teachers Training Course in Session 2002-2004 and after completion of the course, the petitioner submitted the final examination form, admit card was issued to the petitioner, she appeared in all the papers of final examination and did well. Thereafter, result was published and the petitioner was declared passed and marksheet and certificate were issued to the petitioner, which has been enclosed as Annexure-P/4 series. It is further contended that the Government of Bihar framed the Bihar Panchayat Elementary Teacher (Employment and Service Condition) Rule, 2006 and notified the same vide Notification No. 974, dated – 01.07.2006. In terms of the said notification, advertisements were published at all the Panchayat and Block Teacher Employment Units and applications were invited from both trained and untrained eligible candidates for consideration of employment/appointment on the post of Panchayat/Block Teachers. The petitioner is said to have applied against the post of Panchayat Teacher on the basis of Matriculation and Teachers Training Certificate at the Panchayat Teacher Employment Unit, Harla, Block-Laxmipur, District-Jamui. After following the due procedure of selection/recruitment, petitioner was selected and appointment letter vide Memo No.-05, dated – 22.01.2007 (Annexure-P/5) was issued by the Secretary of the Panchayat Employment Unit, Harla, Block-Laxmipur, District-Jamui to the petitioner. Pursuant to the issuance of appointment letter dated – 22.01.2007, the petitioner submitted her joining on 23.01.2007 before the Headmaster, Government Primary School Titahiya Taar, Harla, Block-Laxmipur, District-Jamui which was duly accepted by the Headmaster of the school and petitioner started discharging her duties to the satisfaction of the authorities concerned and salary was being paid to the petitioner.

4. It is further contended that the petitioner took admission in Intermediate Arts (I.A.) as a private student in the year 2007 and appeared in examination held in the year 2009, after getting permission from the authorities concerned. Result of Intermediate was published and petitioner passed the same with 1stDivision (Annexure-P/6). The petitioner has also completed the course of B.A. in Sessions 2012-2015 from Indira Gandhi National Open University (IGNOU) as a private student and has passed the examination successfully. It is next submitted that the salary of the petitioner was stopped/withheld vide Memo No.-253 dated 07.09.2017 (Annexure-P/8 to the writ application) issued by the Block Education Officer Laxmipur, District-Jamui without any notice to the petitioner. It is, therefore, submitted by learned counsel for the petitioner that several representations were filed by the petitioner before the District Programme Officer, Establishment, Jamui and other authorities concerned and requested for payment of salary of