IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1024 of 2009 THE STATE OF BIHAR & ORS Versus PRABHU NATH SINGH ----------- For the State: Shri Sunil Kumar Mandal, SC- 24 For the Respondent: Shri S.B.K. Mangalam, Advocate ---------- 5/ 11.2.2011 Heard learned counsel for the parties. The writ petitioner respondent had filed C.W.J.C. No. 9125 of 2000 challenging the cancellation of his appointment and during the pendency of the said writ application, I.A. No. 2352 of 2009 was filed by which his appointment stood cancelled on the ground that the certificate of degree having been obtained from Gorakhpur University was reported not true. The writ petitioner respondent was appointed as a teacher in a particular school in the year 1981 on the basis of the production of that very certificate, which was issued by the University of Gorakhpur under which the institution Prabhu Narayan Singh Degree College was affiliated. The respondent had claimed to have obtained the particular degree after passing a particular examination. On verification of the degree, the Vice Chancellor was reporting to the authorities twice, i.e., on 26.8.1991 and 13.3.1992 that the certificate of qualification was duly issued from his University. It appears from the order that one Hazari Singh, who was a local MLA, was manipulating things and was, probably, putting pressure on the District Superintendent of Education to annul the appointment of the writ petitioner and in 2 that light, some queries were again made from the Gorakhpur University. Getting no response, a special messenger was sent to the university by the District Superintendent of Education and the Vice Chancellor sent a report through special messenger that he himself verified his records and found that the institution, namely, Prabhu Narain Singh Degree College was not within the area jurisdiction of Gorakhpur University and as such, he was confronting the veracity of his two earlier reports dated 26.8.1991 and 13.3.1992. The learned Judge, who allowed the writ petition and quashed the order of cancelling the appointment of the writ petitioner, has considered the facts from another angle also. Another candidate, namely, Harendra Kumar Singh was also appointed in the same institution on the strength of a similar degree issued from the similar institution, i.e., Prabhu Narain Singh Degree College. There was nothing reported by the Gorakhpur University or the same Vice Chancellor that that particular institution was not affiliated to his university. In the case of the present respondent, he was making a report, the learned Single Judge has observed, which was contrary to his own admission as regards issuance of degree to the said Harendra Kumar Singh whose appointment was not only not disturbed, but on his demise, one of his heirs was appointed on compassionate ground. We find on consideration of the judgment passed by the learned Single Judge and also on consideration of the facts as appearing on record that the order passed in C.W.J.C. No. 9125 of 3 2000 does not suffer from any perversity or consideration which could be said to be erroneous. This Letters Patent Appeal appears of no merit. It is accordingly dismissed. Anil/ (T. Meena Kumari, J.) ( Dharnidhar Jha, J.)