IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2314 of 2018 ======================================================

Chanchala Kumari @ Munni Devi Wife of Shri Anil Kumar Singh @ Anil Singh, Resident of Village- Bishnupur Chak Pahar, Post Office- Madhopur Hajari, Police Station- Sahebganj, District- Muzaffarpur.

... ... Petitioner/s Versus

1. The State Of Bihar

2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.

3. The Director, Primary Education, Bihar, Patna.

4. The District Magistrate, Muzaffarpur.

5. The Deputy Development Commissioner-cum-Chairman, District Education Establishment Committee, Muzaf

6. The District Education Officer, Muzaffarpur.

7. The District Programme Officer Establishment Muzaffarpur. null null

8. The Block Development Officer, Sahebganj, District- Muzaffarpur.

9. The Block Education Officer, Sahebganj, District- Muzaffarpur.

10. The Mukhiya, Gram Panchayat Raj Bangra Nizamat, Block- Sahebganj, District- Muzaffarpur.

11. The Panchayat Secretary of Gra, Panchayat Raj Bangra Nizamat, Block-

Sahebganj, District- Muzaffarp

12. Archana Kumari, Daughter of Shri Uday Kumar Singh, Resident of Village-

Bangra Nizamat, Post Office- Madhopur Hajari, Police Station- Sahebganj, District- Muzaffarpur. at present posted and working as Panchayat/Prakhand Teacher in Govt. Middle School Bangra Nizamat, Block- Sahebganj, District- Muzaffarpur.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr., Shashi Bhushan Singh, Advocate Mr. Anil Kumar, Advocate For respondent NO.12 : Mr. Bipin Bihari Singh, Advocate Mr. Sunil Kumar Singh, Advocate Mr. Rakesh Kumar, Advocate For the Respondent/s : Mr. Mrigendra Kumar, Advocate Mr. Rajeev Ranjan, A.C. to G.P.-20.

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA

ORAL JUDGMENT

Date : 13-01-2026 Heard learned counsel for the petitioner, learned counsel for the respondent-State and learned counsel for respondent No.12.

2. The petitioner in the present writ petition has prayed for grant of following relief :-

(I) For issuance of an appropriate writ in the nature of certiorari for quashing the order dated 29.11.2017 passed in Token No.-Appeal/659/2017 Chanchala Kumari @ Munni Devi Vs. The State of Bihar & Ors by which the learned Chairperson of State Appellate Authority, Patna filed by the petitioner has been pleased to disallow the said appeal without appreciating the entire facts, circumstances and the legal proposition of the present case.

(II) For issuance of an appropriate writ in the nature of certiorari for quashing the order dated 23.05.2011 passed the Case No. 51 of 2011 (Chanchala Kumari @ Munni Devi Vs. The District Superintendent of Education, Muzaffarpur & Ors) as contained in memo no. 161 dated 23.05.2011 passed and issued under the signature of the learned Member District Teachers Employment Appellate Authority, Muzaffarpur, by which the appellant's appeal is being rejected on erroneous ground.

(III) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to consider the case of the petitioner in the light of the decision of the Division Bench, in which this Hon'ble High Court has held that the candidate who has been selected who is not entitled to be selected and by suppression of facts and initial entry in the service on the basis of fraud cannot be allowed to be continued as fraud vitiates all and the genuine candidate cannot be made to suffer.

(IV) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner will be found entitled in the facts and circumstances of the case.

3. The crux of the matter is that the petitioner has challenged the appointment of respondent No.12 stating that her appointment as Shiksha Mitra was illegal and void ab initio for two reasons :-

(i) The residential certificate produced by respon