IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16358 of 2009 Sanjay Kumar Pandey S/O Sri Deoraj Pandey R/O Vill.+P.O.- Khuria, P.S.- Baddi, Distt.- Rohtas ………… Petitioner. Versus 1. The State Of Bihar 2. The Principal Secretary, Human Resources Development, Govt. Of Bihar, Patna 3. Director, Sarwa Shiksha Abhiyan, Bihar, Beltron Bhawan, Bailey Road, Patna 4. The District Magistrate, Rohtas 5. The Deputy Development Commissioner, Rohtas-Cum-Chief Executive Officer, Zila Parishad, Rohtas 6. The District Superintendent Of Education, Rohtas 7. The Block Education Extension Officer, Sheo Sagar, Rohtas 8. The Mukhiya Konki Gram Panchayat, Vill.- Konki, P.O.- Khuriya, Distt.- Rohtas 9. Panchayat Shachiv, Vill.- Konki, P.O.- Khuriya, Distt.- Rohtas 10. Digambhar Kumar Singh S/O Gobardhan Singh R/O Vill.+P.O.+P.S.- Baddi, Distt.- Rohtas 11. Lakhan Singh S/O Late Keshav Singh The Then Mukhiya, R/O Vill.+P.O.+P.S.- Baddi, Distt.- Rohtas 12. Krishna Prasad Singh S/O Name Not Known To The Petitioner The Then Sevak Of Konki Gram Panchayat, Through The District Panchayat Raj Officer, Rohtas 13. The Member, District Teacher Appointment Appellate Tribunal, Rohtas, Sasaram ………. Respondents. ---------------------------------- For the Petitioner : - Mr.Ashutosh Ranjan Pandey, Advocate For the State : - Mr. Shantanu Kumar, AC to AAG VI For Respondent No. 10 : - Mr. Rajendra Prasad Singh, Sr. Advocate Mr. Rajeev Kumar Singh, Advocate Mr. Navjot Yeshu, Advocate ----------------------- 06/ 19.08.2011 Heard counsel for the petitioner, the State and the counsel representing Private Respondent No. 10. The matter relates to appointment on the post of Panchayat Shiksha Mitra in the year, 2005. Petitioner is challenging the appointment of 2 Respondent No. 10 on the ground that on the basis of forged graduation certificate his weightage was enhanced and the petitioner’s weightage was reduced, due to which he could not be appointed on the post of Panchayat Shiksha Mitra. Since, he was not working on the post of Panchayat Shiksha Mitra in the year, 2006, his services could not be absorbed on the post of Panchayat teacher. The question, which has been raised by the petitioner, regarding the genuineness of the certificate and preparation of more than one merit list, needs enquiry, examination/verification of concerned documents. The Writ Court cannot go into these factual aspects. This matter is being remanded to the District Teachers Employment Appellate Tribunal, Rohtas, Sasaram for reconsideration of all these questions, giving proper opportunity to all concerned. The Appellate Tribunal will also call for all relevant documents, examine it and in case it comes to the conclusion that the allegations made by the petitioner has substance, an appropriate order will be passed in accordance with law. The Appellate Tribunal within 3 one week of the receipt/communication of this order, will issued notice to all concerned for appearance and placing their defence. The date will be fixed for appearance of all parties and within three months from the date of the issuance of notice, finally the matter will be disposed of. DKS/ (Mridula Mishra, J.)