IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11609 of 2009 SANJAY KUMAR Versus THE STATE OF BIHAR & ORS ----------- 2. 05.11.2009 Heard the counsel for the petitioner and the counsel appearing for the state. Petitioner has prayed for quashing the order contained in Memo No. 437 dated 25.07.2009 issued by the Block Education Officer, Sahebpur Kamal, District-Begusarai whereby the petitioner has been terminated from service of Prakhand Shikshak. On perusal of the impugned order, it transpires that an inquiry was conducted relating to engagement of Panchayat Shiksha Mitra in the year, 2003-04. During inquiry, it was detected that the petitioner had not produced his matriculation marks sheet at the time of appointment when the marks obtained in matriculation was the basis for appointment. Though the petitioner had not furnished his matriculation mark-sheet, in the merit list it was shown that he has obtained 609 marks in the matriculation. During inquiry, when matriculation marks were presented by the petitioner, it was found that his actual marks are 574 instead of 609. Finding this error and irregularity, petitioner’s appointment was cancelled since persons having higher marks, were ignored their appointment, on account of this gross error committed by the appointing authority. For six years, the petitioner remained in service and enjoyed benefits, even though was not entitled for the 2 same. I do not find any error in the impugned order whereby petitioner’s appointment has been terminated. This writ application is dismissed. AKV/ (Mridula Mishra, J.)