IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15115 of 2010 PRASHANT KUMAR . Versus THE STATE OF BIHAR & ORS . ----------- 3. 30.09.2010 Heard learned Counsel for the petitioner, for the State as also for the Bihar Sanskrit Shiksha Board. In view of nature of the order to be passed learned Counsel for the parties have no objection to the disposal of the writ application in terms thereof. The petitioner is aggrieved by order dated 8.1.2008 passed by respondent no. 8 informing the District Education Officer, Begusarai that the Madhyama mark sheet of the petitioner which he is stated to have passed in 1991 was fake and fabricated. It is submitted that the petitioner passed the Madhyama examination in 1991 as a non collegiate student from Sanskritik Vidyapeeth, Begusarai. He secured First Division for which mark sheet was also issued to him by the Board. He pursued higher studies and ultimately passed Acharya in Sahitya and Vyakaran in 2003. He secured a temporary appointment as a Teacher in Saraswati Sanskrit Uchya Vidlaya, Begusarai. It was provisionally approved by the Board on 23.2.2007. Subsequently the Board gave permanent approval of his appointment inclusive for a pay scale by order darted 5.6.2007. After his appointment the District Education Officer sought a confirmation of the qualification of the petitioner from the Board, in response to which respondent no. 8 addressed a letter dated 8.1.2008 that the Tabulation Register was only up to serial 349 while the petitioner was at serial no.376 which 2 appeared to be fake. It need be noted that in the original mark sheet the serial number is mentioned as 378. If the Board issued a mark sheet, approved the temporary appointment of the petitioner based on that mark sheet and subsequently gave permanent approval to the appointment, there is a presumption that such powers were exercised by application of mind and law which includes verification and confirmation of its own record by the Board before it granted such provisional and permanent approval. It was always open to the Board, if it found any error in the qualification of the petitioner vis a vis its own record on basis of which the appointment was sought, to deny either the provisional appointment and/or the approval of the same. Apart from the same, the additional issue also is that if the Board subsequently desired to declare the qualification of the petitioner granted by it to be invalid for any reason, before making a final pronouncement on the same the Board was required to call upon the petitioner to show cause as to why certificate given to him earlier accepted by the Board itself be not declared as forged and fabricated. Subsequently further necessary documents are stated to have been submitted to the Board notwithstanding which no final decision and/or communication was being issued by the Board. The Court holds that the order of the Board dated 8.1.2008 at this stage cannot be said to be final and conclusive in law and on facts so as to visit the petitioner with any adverse consequences. 3 Counsel for the Board fairly submits that the Board shall issue a show cause notice to the petitioner with supporting documentary evidence. In that event the Board is required to disclose in the show cause notice the facts and circumstances under which it granted approval to the provisional appointment of the petitioner, as also the final approval to the appointment. The show cause must contain reasons on basis of which the Board seeks to reopen and question its own action. The petitioner shall reply to the same within such reasonable time that the Board shall provide to him. Let the Secretary of the Board thereafter grant a personal and/or representative hearing to the petitioner, as the case may be. Let final orders be then passed by the Secretary in accordance with law on the Madhyama qualification of the petitioner for the year 1991 within a maximum period of two months from the date of receipt and/or presentation of a copy of this order. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)