IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.14199 of 2006 ====================================================== Brajesh Kumar son of Sri Rajendra Sharma, Resident of Village Algana, P.O. Saidabad, Gram Panchayat- Damuha, Police Station and Block-Kako, District-Jehanabad. .... .... Petitioner Versus 1. The State of Bihar. 2. The District Magistrate, Jehanabad. 3. The Deputy Development Commissioner, Jehanabad. 4. The District Superintendent of Education, Jehanabad, District- Jehanabad. 5. The Block Development Officer, Kako, District-Jehanabad. 6. The Block Area Education Extension Officer, Kako, District- Jehanabad. 7. The Gram Panchayat Raj, Damuha through its Panchayat Secretary Block-Kako, District-Jehanabad. 8. Chandra Shekhar Kumar son of Ram Bhawan Prasad, Resident of Village-Nadiawan, Block-Kako, Gram Panchayat-Damuha, Police Station-Kako, District-Jehanabad. .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Jitendra Kumar Roy, Advocate For the Respondent State: Mr. Zaki Haider, A.C. to G.A.-10 For the Respondent No.7: Mr. Sanat Kumar Mishra, Advocate For the Respondent No.8: Mr. Gopal Jha, Advocate Mr. Kumar Chandra Shekhar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER Patna High Court CWJC No.14199 of 2006 (11) dt.04-08-2011 2 / 3 2 (Per: HONOURABLE THE CHIEF JUSTICE) 11. 04.08.2011 This petition filed under Article 226 of the Constitution is placed before us under the reference dated 19th September 2007 made by the learned single Judge. The petitioner has, feeling aggrieved by his non- selection as Panchayat Shiksha Mitra under the Gram Panchayat Damuha, Police Station & Block -Kako, District-Jehanabad pursuant to the selection process initiated in 2005, filed this petition under Article 226 of the Constitution. It is the grievance of the petitioner that though he had secured higher marks than the respondent no.8, in preference to the petitioner the respondent no.8 was selected. The petitioner was wrongfully denied selection on the ground that the petitioner did not produce the mark-sheet for the Intermediate examination in support of his application. The petitioner has alleged that the selection process has been manipulated. Learned advocate Mr. Jitendra Kumar Roy has appeared for the petitioner. He has submitted that the petitioner was qualified for appointment as Panchayat Shiksha Mitra under the relevant scheme. The petitioner had passed Intermediate examination in June 1991 with 56% marks. The petitioner passed B.Sc. examination in December 1995 with 66% marks. In spite of his high qualification and high marks the petitioner was not selected. The non-selection of the petitioner is tried to be justified on the ground that the petitioner did not produce the mark-sheet for the Intermediate examination although the petitioner had produced such mark-sheet. In support of this submission Mr. Roy has relied upon the mark-sheets annexed to the writ petition (pp 18 and 19). Patna High Court CWJC No.14199 of 2006 (11) dt.04-08-2011 3 / 3 3 Learned advocate Mr. Sanat Kumar Mishra has appeared for the respondent Gram Panchayat. He has produced copy of the proceedings of 19th April 2005. In the said proceedings the petitioner’s name appears at Sl. No. 61. His marks of B.Sc. examination has been noted in the sheet. The said proceeding also indicates that the petitioner had not produced the mark-sheet of the Intermediate examination. Though, Mr. Roy has vehemently argued that the petitioner did produce the copy of the mark-sheet, produced at page 18, the contention is not believable. Copy of the Intermediate mark-sheet produced at page 18 bears the date “19th May 2006”. Mr. Roy has not been able to explain the significance of the said date, but evidently copy of the said mark-sheet could not have been produced by the petitioner in application for appointment as Panchayat Shiksha Mitra made in the year 2005. Thus, the claim of the petitioner that he did produce the Intermediate mark-sheet with his application appears to be doubtful. We have no reason to disbelieve the official record copy of which is produced before us. In the circumstances, we are of the opinion that the action of the respondent Gram Panchayat in not selecting the petitioner for want of Intermediate examination mark-sheet was justified. Even otherwise, petition involves disputed question of fact, which cannot be decided in the present petition. For the aforesaid reason, Petition is dismissed. Pawan Kumar/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)