IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1627 of 2018

In

Civil Writ Jurisdiction Case No.9985 of 2016

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Shankar Singh S/o Sri Nagina Singh, Resident of Village- Paithanpatti, P.S.

Manjha, District Gopalganj.

... ... Appellant/s

Versus

1.

The State Of Bihar

2.

The Commissioner Saran Division, Saran.

3.

The District Magistrate cum Collector Gopalganj.

4.

The Additional Collector Gopalganj.

5.

The Deputy Collector Establishment, Gopalganj.

6.

The Civil Surgeon, Gopalganj.

7.

Mukti Nath Tiwary, S/o Late Shyamlal Tiwary, Resident of Village-

Haziyapur Ward No. 10, P.S. District Gopalganj.

... ... Respondent/s

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Appearance :

For the Appellant/s

:

Mr.Jitendra Kumar Shrivastwa

For the Respondent/s

:

Mr.Prabhat Kumar Verma -AAG3

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CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA

and

HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE RAJAN GUPTA)

Date : 25-04-2022

The present appeal has been filed against the judgment

dated 09.10.2018 passed in CWJC No. 9985 of 2016 whereby

and where under the writ petition has been dismissed.

2. The brief facts of the case are that pursuant to the

orders passed by this Hon’ble Court as also by the Hon’ble

Apex Court, an advertisement was published in the daily news

paper on 14.06.2001 for making appointment on Class-IV post

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in the Gopalganj Collectorate and other Government offices.

Thereafter, a panel of eligible candidates was prepared,

however, in between certain litigations had cropped up and

ultimately a learned Single Judge of this Court, vide order dated

29.07.2009, had directed for preparation of a fresh panel as also

issuance of appointment/ recommendation letters. The said

order dated 29.07.2009 was challenged in L.P.A. No. 1274 of

2009 and other analogous cases, however, the learned Division

Bench of this Court had dismissed the appeal, whereafter, the

matter had travelled to the Hon’ble Apex Court, however, the

Special Leave petition was also dismissed vide order dated

16.07.2010. In the meantime, the approved panel of 110

candidates was put up before the District Selection Committee

and the process of appointment had taken place, whereupon it

was found that out of 110 candidates, 45 candidates were not

eligible for appointment. The rest 65 candidates, who were

found eligible for appointment in the Class-D post, were

selected and subsequently after approval, they were appointed.

Out of these 65 candidates, 41 candidates were appointed and

posted in the establishment of Collectorate, Gopalganj, while 17

candidates were recommended to be appointed in the Health

Department under the establishment of Civil Surgeon cum Chief

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Medical Officer, Gopalganj and the rest of the 7 candidates were

recommended to be appointed under the establishment of the

District Education Officer, Gopalganj. As far as the appellant

herein is concerned, he had submitted fake educational

certificates which were discovered at the time of scrutiny of the

documents, while the Respondent no. 7 herein (writ petitioner

no.2) was also found to have submitted fake educational

certificates and the same was also discovered at the time of

scrutiny of the documents. In such view of the matter, the

candidature of the appellant herein i.e. the writ petitioner no.1

was rejected by the District Selection Committee in its meeting

held on 16.03.2012.

3. It appears from the impugned judgment dated

09.10.2018 that the learned Single Judge had taken pains to call

for and examine the records i.e. the original admission register

of Panchayat High School, Mishra Badraha, Phulwaria,

Gopalganj for the pe