IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6921 of 2004 BAL GOVIND PRASAD, SON OF LATE RAMU SINGH, RESIDENT OF VILLAGE PASRAILA, P.S. RAJAULI, DISTRICT NAWADAH. ---------------------------------------------------------------------------------------------------- PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE DIRECTOR, SECONDARY EDUCATION, BIHAR, PATNA. 3. THE SECRETARY, SECONDARY EDUCATION, BIHAR, PA TNA. 4. THE REGIONAL DEPUTY DIRECTOR, EDUCATION, GAYA. 5. THE DISTRICT EDUCATION OFFICER, NAWADAH. 6. THE DISTRICT MAGISTRATE, NAWADAH. 7. THE SUB-DIVISIONAL OFFICER, NAWADAH. ------------------------------------------------------------------------------------------------ RESPONDENTS ********* 4 13.12.2010 Petitioner had earlier moved this Court vide CWJC No. 2618 of 2001 when his salary was stopped. During the hearing of the writ application, a stand was taken on behalf of the State that the B.Ed. degree was a forged one, as such petitioner was not entitled to be treated as Assistant Teacher in the State Government. The petitioner’s school was taken over and he was paid his salary as a result of taking over vide Annexure-3 dated 10th of March, 1983. There is no dispute that the petitioner was working in the school in question at the time when the school was taken over. In the year 2000, it appears that a dispute arose with respect to the B.Ed. certificate of the petitioner. 2 This Court had directed in the writ application that steps should be taken to examine whether the B.Ed. degree was genuine one. Despite the orders of this Court, it appears that in fact after disposal of the writ application dated 27.2.2001, no steps were taken by the Education Department to verify the B.Ed. degree of the petitioner. On the basis of a report received from Gorakhpur University vide letter no. 53316 dated 17.1.2000, it is said that the petitioner’s mark sheet submitted at the time of his appointment was not a genuine document. The counter affidavit indicates that the petitioner passed out in the year 1981 from Gorakhpur University whereas the provisional certificate granted by the Gorakhpur University with respect to Roll No. 2881, Enrolment No. II-1920 indicates the date as 25.10.1980. Thus, this court finds that apparently there is no enquiry and in fact the so called letter received from the Gorakhpur University does not appear to be related to the petitioner. In the facts aforesaid, the 3 Director, Secondary Education may call for a report from the Gorakhpur University giving details of the petitioner’s Roll Number, Name and Registration Number. The matter should be disposed of within a period of six months on receipt of a copy of this order. Petitioner is directed to produce this order before the Director, Secondary Education, within a period of eight weeks on receipt of a copy of this order. This writ application is disposed of with the aforesaid observations and directions. In the mean time, the order impugned contained in Annexure-10 shall remain stayed. However, petitioner will not be entitled to receive his retiral benefits until final decision is made within the aforesaid six months. Sanjay ( Sheema Ali Khan, J.)