IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15995 of 2007 SIKANDAR PRASAD SAH S/O Sri Gado Sah R/O Vill-Parawchak, P.O-Teliya Logai, P.S- Phulladuma, Distt-Banka………Petitioner Versus 1.THE STATE OF BIHAR 2.The Director (Secondary Education) Human Resources Development, Bihar, Patna 3. The Director (Primary Education) Human Resources Development, New Secretariat, Bihar, Patna 4.The District Education Officer, Banka. 5.The District Superintendent of Education, Banka. The Block Development Officer, Phulliduma, Banka……… Respondents. ----------- CWJC No.9267 of 2007 AVINASH PANDEY, S/O Sri Jugal Kishore Pandey R/o Village-Lodiya, P.S- Lakhisarai, Distt-Lakhisarai…...Petitioner. Versus 1.THE STATE OF BIHAR through the Commissioner cum Secretary, Department of Human Resources Development Govt. of Bihar, New Secretariat, Patna. 2. The Director (Secondary Education) Human Resources Development, Bihar, Patna 3. The Director (Primary Education) Human Resources Development, Bihar, Patna 4. The District Education officer, Lakhisarai. 5. The District Education officer,Gaya. 6. The District Education officer,Jamui. 7. The District Education officer,Begusarai. 8. The District Education officer,Munger. 9. The District Superintendent of Education, Lakhisarai. 10. The District Superintendent of Education, Gaya. 11. The District Superintendent of Education, Jamui. 12. The District Superintendent of Education, Begusarai. 13. The District Superintendent of Education, Munger. 14. The Block Development Officer, Lakhisarai. 15. The Block Development Officer, Chanan, Distt-Lakhisarai. 16. The Block Development Officer, Ramgardh,Distt-Lakhisarai………………Respondents. CWJC No.11660 of 2007 1.MUKESH KUMAR S/o Parshuram Singh R/O Village + P.O.Babangara. P.S.+Distt- Lakhisarai. 2. Parmanand Singh s/o Nageshwar Singh R/O Village + P.O.Babangara. P.S.+Distt- Lakhisarai. 3.Manisha Kumari W/O Janardan Singh R/O Vill-Badpur, P.O.Malpur, P.S-Malpur, Distt-Patna. 4.Mahesh Saw S/o, Late Jageshwar Prasad. R/O-Vill-Madanpur, P.O.Kajara. P.S- Kajara, Distt-Lakhisarai. 5.Mukesh Kumar S/o Jai Prakash Singh, R/O Vill+P.O-Dhiradar, P.S-Barahia, Dist- Lakhisarai. 6. Uday Shankar Singh S/O Ramanugrah Singh R/O Vill+P.O-Babhangarna, P.S- Lakhisarai, Distt-Lakhisarai. 7.Harishankar Singh S/O Ramanugrah Singh R/O Vill+P.O- Babhangarna, P.S- Lakhisarai, Distt-Lakhisarai. 8.Ravi Shankar Singh S/O Ram Naresh Prasad Singh R/O Vill+P.O- Babhangarna, P.S-Lakhisarai, Distt-Lakhisarai. Petitioners. Versus 1.THE STATE OF BIHAR through the Secretary Human Resources Department, New Secretariat, Patna. 2. The Director (Secondary Education) Human Resources Development, Bihar, Patna 2 3. The Director (Primary Education) Human Resources Development, Bihar, Patna 4. The District Education officer, Lakhisarai 5. The District Superintendent of Education, Lakhisarai. 6. The Block Development Officer, Lakhisarai. Respondents. ----------- CWJC No.14183 of 2007 GOVIND KUMAR GUPTA S/O Sri Sita Ram Saw R/O Naya Bazar, Dalpatti, Lakhisarai, P.O+P.S-Lakhisarai, Distt-Lakhisarai…………petitioner Versus 1.THE STATE OF BIHAR 2. The Secretary Human Resources Department, Govt. of Bihar, Patna. 3. The Director (Secondary Education) Human Resources Development, Bihar, Patna 4. The District Magistrate, Jamui. 5. The Deputy Development Officer, Jamui. 6. The District Education officer, Jamui………Respondents. --------- CWJC No.14207 of 2007 SUNIL KUMAR S/O Sri Mandan Singh R/O Vill-Poksi, P.S-Pakribaranwa, Distt- Nawada………Petitioner Versus 1.THE STATE OF BIHAR 2. The Secretary Human Resources Department, Govt. of Bihar, Patna. 3. The Director (Secondary Education) Human Resources Development, Bihar, Patna 4. The District Magistrate, Jamui. 5. The Deputy Development Commissioner, Jamui 6. The District Education officer, Jamui………Respondents. ----------- CWJC No.14208 of 2007 RAMNIWASH VERMA Versus THE STATE OF BIHAR & ORS ----------- CWJC No.14184 of 2007 RAM KISHOR SAW Versus THE STATE OF BIHAR & ORS ----------- CWJC No.14191 of 2007 SUNIL KUMAR THAKUR Versus THE STATE OF BIHAR & ORS ----------- CWJC No.14611 of 2007 PRAVAKAR KUMAR S/O Late Puran Poddar R/O Village-Punaur, P.O.Kolwara, P.S- Pasraha, Distt-Khagaria. Versus 1.THE STATE OF BIHAR through the Commissioner cum Secretary, Department of Human Resources Development Govt. of Bihar, New Secretariat, Patna. 2. The Director (Primary Education) Human Resources Development, Bihar, Patna 3.The District Magistrate, Khagaria 3 4. The District Education Officer, Khagaria 5. The District Superintendent of Education, Khagaria 6. The Block Development Officer, Parbatta 7.The Block Education Extension Officer, PARBATTA Block, Distt-Khagaria 8. The Gram Panchayat Secretary Saudh Panchayat, Parbatta Block, Khagaria………Respondents. ----------- CWJC No.14845 of 2007 SHASHI BHUSHAN PRASAD GUPTA S/O Sri Arjun Sah. R/O At +P.O.Mathura Sahebganj, P.S-Belhar, Distt-Banka…………Petitioner Versus 1.THE STATE OF BIHAR 2. The Secretary, Human Resources Development, Govt. of Bihar, Patna 3. The Director (Secondary Education) Human Resources Development, Bihar, Patna 4. The District Magistrate, Jamui. 5. The Deputy Development Commissioner, Jamui 6. The District Education Officer,Jamui 7. The Chairman, Jila Parishad, Jamui…………Respondents. ----------- CWJC No.14846 of 2007 SHIV NARAYAN THAKUR S/O Gudo Thakur R/O Vill-Sanhauli,P.O.Kahwa, P.S.Sangramapur Distt-Munger------Petitioner. Versus 1.THE STATE OF BIHAR 2. The Secretary, Human Resources Department, Govt.of Bihar, Patna. 3. The Director (Secondary Education) Human Resources Development, Bihar, Patna 4. The District Magistrate, Jamui. 5. The Deputy Development Commissioner, Jamui 6. The District Education Officer,Jamui 7. The Chairman Jila Parishad, Jamui…………Respondents. ----------- CWJC No.14847 of 2007 MD.NAYEEEM UDDIN S/O Md.Qudrat Ali R/O Vill-Zawar,P.S-Kawakal, Dist- Nawada……petitioner Versus 1.THE STATE OF BIHAR 2. The Secretary, Human Resources Department, Govt.of Bihar, Patna. 3. The Director (Secondary Education) Human Resources Development, Bihar, Patna 4. The District Magistrate, Jamui. 5. The Deputy Development Commissioner, Jamui 6. The District Education Officer,Jamui 7. The Chairman Jila Parishad, Jamui…………Respondents. ----------- CWJC No.15365 of 2007 BASIST KUMAR SINGH S/O Sri Ram Jiwan Singh R/O Vill-Domakanr,P.O-Shamukhia More, P.S-Banka, Distt-Banka……petitioner Versus 1.THE STATE OF BIHAR through the Secretary Human Resources Department, New Secretariat, Patna. 2. The Director (Secondary Education) Human Resources Development, Bihar, Patna 4 3. The Director (Primary Education) Human Resources Development, Bihar, Patna 5. The District Superintendent of Education, Banka. 6. The Block Development Officer, Banka…………Respondents. ----------- CWJC No.15390 of 2007 SANJAY KUMAR SINGH S/O Late Sahdeo Prasad Singh, R/O Vill+P.O-Kondur, P.S- Amarpur, Distt-Banka. Versus 1.THE STATE OF BIHAR through the Secretary Human Resources Department, New Secretariat, Patna 2. The Director (Secondary Education) Human Resources Development, Bihar, Patna 3. The Director (Primary Education) Human Resources Development,New Secretaiat, Bihar, Patna 4. The District Education Officer,Banka 5. The District Superintendent of Education, Banka. 6. The Block Development Officer,Phulidumar, Banka…………Respondents. ----------- CWJC No.15495 of 2007 SUBODH KUMAR CHAUDHARY S/O Sri Navin Chandra Chaudhary, R/O-Rampur,P.O-Bharko, P.S-Amarpur, Distt-Banka…………petitioner Versus 1.THE STATE OF BIHAR through the Secretary Human Resources Department, New Secretariat, Patna 2. The Director (Secondary Education) Human Resources Development, Bihar, Patna 3. The Director (Primary Education) Human Resources Development,New Secretaiat, Bihar, Patna 4. The District Education Officer,Banka 5. The District Superintendent of Education, Banka. 6. The Block Development Officer,Phulidumar, Banka…………Respondents. ----------- CWJC No.15540 of 2007 SUBODH KUMAR CHAUDHARY S/O Sri Sita Ram Choudhary, R/O-Vill-Barauni, P.S- Rajaun, Distt-Banka…………Petitioner Versus 1.THE STATE OF BIHAR through the Commissioner cum Secretary, Department of Human Resources Development Govt. of Bihar, New Secretariat, Patna. 2. The Director (Secondary Education) Human Resources Development, Bihar, Patna 3. The Director (Primary Education) Human Resources Development,New Secretaiat, Bihar, Patna 4. The District Education Officer,Banka, Distt-Banka. 5. The District Superintendent of Education, Banka. Distt-Banka. 6.The B.D.O., Rajaun, Distt-Banka. 7.The B.E.O., Rajaun, Distt-Banka,……………… Respondents. ----------- CWJC No.15678 of 2007 SUNIL KUMAR SINGH S/O Late Suresh Prasad Singh R/O Vill+P.O-Kendaur, P.S- Amarpur, Distt-Banka. Versus ----------- 1.THE STATE OF BIHAR through the Secretary Human Resources Department, New Secretariat, Patna 2. The Director (Secondary Education) Human Resources Development, Bihar, Patna 3. The Director (Primary Education) Human Resources Development,New Secretaiat, Bihar, Patna 4. The District Education Officer,Banka 5. The District Superintendent of Education, Banka. 5 6. The Block Development Officer, Banka…………Respondents. CWJC No.15724 of 2007 ASHOK KUMAR JHA S/O Late Pancha Nand Jha, R/O Vill+P.O-Kendaur, P.S.Banka, Distt-Banka. Versus 1.THE STATE OF BIHAR through the Commissioner cum Secretary, Department of Human Resources Development Govt. of Bihar, New Secretariat, Patna. 2. The Director (Secondary Education) Human Resources Development, Bihar, Patna 3. The Director (Primary Education) Human Resources Development,New Secretaiat, Bihar, Patna 4.The D.E.O., Distt-Banka. 5.The D.E.O. Munger, Distt-Munger. 6.The D.S.E.Banka, Distt-Banka. 7.The D.S.E.Munger, Distt-Munger…………Respondents. ----------- CWJC No.15772 of 2007 ARUN KUMAR ROY Versus THE STATE OF BIHAR & ORS ----------- CWJC No.15964 of 2007 1.SIKANDAR SHARMA S/O Shodagar Prasad Sharma R/O Vill+P.O-Kulharia, P.S- Parbatta, Distt-Khagaria. 2.Bipin Kumar Nirala S/O Govind Prasad Sharma R/O Village-Tehay, P.O.Kolwara, P.S-Pasraha, Distt-Khagaria 3.Ramanand Sharma S/O Jageshwar Sharma R/O Village+P.O.Kulharia, P.S- Parbatta,Distt-Khagaria. 4.Ajay Kumar S/O Kailash Pati Sharma. R/O Vill-Shishbanni, P.O. Paura, P.S- Gogri Distt-Khagaria…………petitioners. Versus 1.THE STATE OF BIHAR through the Commissioner cum Secretary, Department of Human Resources Development Govt. of Bihar, New Secretariat, Patna. 2. The Director (Secondary Education) Human Resources Development, Bihar, Patna 3. The Director (Primary Education) Human Resources Development,New Secretaiat, Bihar, Patna 4. The District Magistrate, Khagaria. 5. The District Education Officer,Khagaria. 6. The District Superintendent of Education,Khagaria. 7. The Block Development Officer,Purbatta, Gobaria Beldaur, Gogli, Chauthum, Alauli, Khagaria. …………Respondents. ----------- CWJC No.16010 of 2007 GIRIJA NAND TIWARY S/O Late Karu Tiwary R/O Vill-Rajaun, P.O-Rajaun, P.S- Rajaun, Distt-Banka………petitioner Versus 1.THE STATE OF BIHAR through the Secretary Human Resources Department, New Secretariat, Patna 2. The Director (Secondary Education) Human Resources Development, Bihar, Patna 3. The Director (Primary Education) Human Resources Development,, Bihar, Patna 4. The District Education Officer,Banka 5. The District Superintendent of Education,Banka. 6. The Block Development Officer, Banka…………Respondents. ----------- CWJC No.15756 of 2007 1.NARAYAN THAKUR S/O Mahabir Thakur R/O Vill-Balia, P.S-Rupauli, Distt-Purnia. 6 2.Usha Kumari W/O Hem Narayan Singh R/O Vill-Kamp, P.S-Rupouli, Distt-Purnia. 3.Gauri Rajak S/O Sri Ram Rajak, R/O Vill-Kamp, P.S-Rupouli, Distt-Purnia. 4.Shambhunath Yadav S/O Chandi Pd.Yadav R/O Vill-Hathiaondha, P.S-Bihariganj, Distt-Purnia. 5.Ravindra Kumar Raman S/O Late Shiv Shankar Pd.Yadav R/O Vill-Kaingri, P.S- Beldor, Distt-Khagaria. 6.Dayanand singh, S/O Sri Vishwanath Pd. Singh R/O Vill-Arajpur, P.S-Chousa, Distt-Madhopura. 7.Sunil Kumar S/O Sri Upendra Narayan Mandal. R/O Vill-Arajpur, P.S-Chousa, Distt-Madhepura……………petitioners. Versus 1.THE STATE OF BIHAR through its Secretary. 2. The Commissioner cum Secretary, Department of Human Resources Development, Patna. 3.The Director Secondary Education, patna. 4. The District Magistrate, Purnia. 5. The District Magistrate, Saharsa. 6. The District Magistrate, Madhepura. 7. The District Magistrate,Katihar. 8. The District Magistrate,Khagaria. 9. The District Education Officer, Purnia. 10. The District Education Officer,Saharsa. 11. The District Education Officer,Khagaria. 12. The District Education Officer,Katihar. 13. The District Superintendent of Education,Purnia. 14. The District Superintendent of Education,Saharsa. 15. The District Superintendent of Education,Khagaria. 16. The District Superintendent of Education,Katihar…………Respondents. ----------- CWJC No.16016 of 2007 DEONARAYAN MANDAL S/O Sri Bishun Mandal R/O-Vill-Chhuchhunariya (Navka Dih Nagidam), P.O+P.S, Jhajha, Distt-Jamui………petitioner. Versus 1.THE STATE OF BIHAR through the Commissioner cum Secretary, Department of Human Resources Development Govt. of Bihar, New Secretariat, Patna. 2. The Director (Secondary Education) Human Resources Development, Bihar, Patna 3. The Director (Primary Education) Human Resources Development, Bihar, Patna 4. The District Education Officer,Jamui. 5. The District Education Officer,Lakhisarai. 6. The District Education Officer,Banka. 7. The District Superintendent of Education, Jamui. 8. The District Superintendent of Education, Lakhisarai. 9. The District Superintendent of Education,Banka. 10.The Block Education Officer, Jhajha, Sono, Chakil, Dist-Jamui. 11.The Block E.O. Lakhisarai, Distt-Lakhisarai. 12. The B.E.O., Banka, Chandan and Katoria, Distt-Banka…………Respondents. ----------- CWJC No.15864 of 2007 UDAY SHANKAR VIDYARTHI, S/O Sri Bhawani Shankar Vidyarthi, R/O Village-Pairdha, P.S-Amarpur, Distt-Banka. Versus 1.THE STATE OF BIHAR through the Commissioner cum Secretary, Department of Human Resources Development Govt. of Bihar, New Secretariat, Patna. 2. The Director (Secondary Education) Human Resources Development, Bihar, Patna 3. The Director (Primary Education) Human Resources Development, Bihar, Patna 4.The D.E.O., Banka 7 5.The D.S.E,Banka, Distt-Banka. ------------- For petitioner:- (CWJC.No.15995/07),Mr.Rajiv Kumar Singh, Adv. For Respondents:- SC-21 For petitioner:-(CWJC.No.14191/07)Mr.Rajive Kumar Singh, Adv. For Respondents:-JC to SC-III For petitioner:-(CWJC No.14611/2007),Mr.Rajiv Kumar Singh, Adv. For Respondents:- Mr. Indeshwari Pd.Mandal, JC to GA-6 For petitioner:-(CWJC No.15390/07)Mr. Rajiv Kumar Singh,Adv. For Respondents:-JC to SC-22 For petitioner:- (CWJC No.15678/07), Rajiv Kumar Singh, Adv. For Respondents:-JC to SC-23 For petitioner:-(CWJC No.15495/07),Rajiv Kumar Singh, Adv. For Respondents:-GP-6 For petitioner:-(CWJC No.15365/07),Mr.Rajiv Kumar Singh, Adv. Mr. Shashi Bhushan Kumar, Adv. For Respondents:- Mr.Dilip Kumar, JC to GP-1 For petitioner:- (CWJC No.14207/2007),None For Respondents:-JC to SC-19 For petitioner:- (CWJC. No.15724/2007),Mr.Rajiv Kumar Singh,Adv. For Respondents:-JC to SC-18 For petitioner:- (CWJC No.14847/2007),Rajiv Kumar Singh,Adv. For Respondents:- Mr. Neelam Prasad, JC to GP-21 For petitioner:- (CWJC.No.15864/2007),Rajive Kumar Singh, Adv. For Respondents:-Mr.Vishwambhar Prasad. JC to GP-4 For petitioner:- (CWJC No.15964/2007),Rajiv Kumar Singh,Adv. For Respondents:- Mr.Indrajit Bhushan, JC to GP-22 For petitioner:- (CWJC NO.14183/2007, CWJC No.16016/2007)Mr.Rajiv Kumar Singh. For Respondents:- Mr. Amanullah, Advocate, SC-17 Mr.Arun Kumar Prasad, JC to SC-17. --------------- 3/ 21-Nov-08 Learned counsel for the petitioners of CWJC. Nos. 14208, 14184, 14191 and 15772 of 2007 submits that the petitioners of these cases have claimed to have obtained certificates/degrees of teacher’s training from Universities of Orissa such as Utkal University and Sambalpur University and the petitioners are in a position to show that the concerned institutions from where they studied were affiliated/recognized by those Universities. Hence, 8 he has prayed that these cases be heard together separately. Let these four writ petitions be treated as separate from the present group of cases. These cases shall be governed by another common order. Heard learned counsel for the petitioners and learned counsel for the State in all the other writ petitions except the four CWJCs mentioned above. In all these matters the petitioners are aspiring to become teachers in various schools in the State of Bihar. For that purpose they want a declaration from this Court that the degrees or certificates which they have obtained from either of the following institutions from Calcutta namely,1.David Hare College of Correspondence, Calcutta, 2. All India Correspondence Coaching Society, Calcutta, 3. Sister Nivedita College of Education, Calcutta, 4.Oxford College of Education and 5.Dr.B.C. Roy College of Education, Calcutta are equivalent to two years B.Ed Courses/Degrees and must be recognized by the State of Bihar as valid degrees showing training for purpose of employment under the State of Bihar. A careful perusal of the averments in the writ petitions and the various certificates and 9 mark-sheets was undertaken by this Court only because a grave doubt arose that these institutions appear to be institutions engaged in defrauding the students by posing that they are Universities or Boards or are affiliated to Universities or Boards and therefore capable of awarding educational degrees and certificates which only a recognized University or Board can grant and that they have recognition for the purpose of granting such technical degree of training by the Government of West Bengal. Such careful scrutiny has revealed that the institutions do not have any status of University or Board nor they are duly affiliated to any recognized University or Board capable of awarding such degrees. The reference in some of the certificates issued by the institutions to the Ministry of Human Resources Development, Govt. of India is highly misleading because in fact the approval of this ministry is said to be only in respect of emblem of the institution. The other part of the relevant certificate annexed as Annexure-6 to CWJC. No.14183/2007 is to the effect that David Hare College of Education is registered under Indian Registration Act by the Government and is affiliated to another Registered Society registered under 10 Society’s Registration Act. In any case, there is absolutely no reference in any of these writ petitions to any recognition of such institutions by the Government of Bihar for the purpose of eligibility for appointment to the post of teachers. The stand of the State of Bihar is that it has made enquiries and has already prepared a list of several institutes and institutions whose degrees/certificates have been found good and therefore recognized for the purpose of equivalence with the two years degree course of B.Ed. or other degrees of training for teachers. Learned counsel for the petitioner placed reliance upon a Division Bench judgment of this Court in the case of M.P.Mehta V. District Superintendent of Education, Katihar & Ors. Reported in 1985 PLJR 709 to submit that in the said case this Court held that a person obtaining a training degree from West Bengal is eligible for appointment in Bihar schools. But it is found that the said case was in context of Article-406 of Bihar Education Code, 1961 contained in Chapter-V deal with training schools and examinations for teachers. In that context Article-460 prescribed the length of the 11 courses as two years and the session was to begin from July and end in June. This Court held that the said provision does not deal with requirements proscribed for appointment of a teacher in a Primary or Middle School. In that case the advertisement mentioned the minimum qualification as Matric or equivalent trained. In that view of the matter the Division Bench found that the insistence of the State of Bihar that the training must be of two years course was not acceptable and there was no provision brought before the Court to show that the eligibility criteria excluded one year training course in Kalingpong College, West Bengal. The facts and the context in the present cases are entirely different. Here the petitioners have not challenged the provision in the 2006 Rules laying down eligibility criteria nor have they brought before this Court the eligibility criteria mentioned in the advertisement which had been issued in the past or which may be issued in the future. In absence of such materials and lack of challenge to the rules of eligibility, it is not possible for this Court to issue a declaration in general terms that the training certificates of the petitioners from various institutions of Calcutta must be 12 accepted as good training certificate and deemed to have been recognized by the State of Bihar for the purpose of recruitment of teachers in this State. Hence the writ petitions are found to be without merit. They are dismissed accordingly. The attention of this Court was drawn to certificates and mark-sheets enclosed with (CWJC. NO.15995/07) relating to Davi Hare College of Correspondence, Calcutta and to certificates and mark-sheets in other writ petitions such as in CWJC NO.16016/07 relating to All India Correspondence Coaching Society, Calcutta, in CWJC NO.15864/2007 relating to Sister Nivedita College of Education, Calcutta, in CWJC. No.15390/07 relating to Oxford College of Education, Calcutta and in CWJC No.14847/07 relating to Dr.B.C. Roy College of Education, Calcutta. The Court was surprised to find that signature of Principal on the certificate of David Hare College of Correspondence is appearing on the mark-sheet or certificates of several other institutions. In the case of Sister Nivedita College of Education, Calcutta in CWJC.No.15864/07, the same Principal appears to have signed on the certificate (Annexure-2 Series) but the signature of Principal on the mark-sheet (Annexure-1 Series) appears to be 13 of a different person. This Court does not want to cause any trouble to the petitioners on account of such disturbing facts because they have suffered disqualification and apparently they have fallen victim to some unscrupulous elements who posed to be running good educational institutions at Calcutta. But it will not be proper for the writ court to accept such a situation without suggesting to the concerned authorities to take suitable action in the matter against the institutions concerned and their functionaries, if found guilty. In view of such disturbing state of affairs appearing from the records of these cases, it is deemed proper to direct the Vigilance Investigation Bureau of the State of Bihar to start an investigation in respect of all these institutions with a view to find out whether they are engaged in committing frauds and in cheating students from Bihar by pretending that they are proper institutions equal to or affiliated to Universities and Boards, having recognition of various Governments. It is expected that such investigation shall be brought to its logical end without any delay and suitable action shall be taken if any 14 person is found guilty, in accordance with law. Let a copy of this order be handed over to SC-21 for communication to all concerned and for compliance. perwez (Shiva Kirti Singh, J.)