IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 388 of 2009 Sunita Mishra, daughter of Sri Bodh Narayan Jha and wife of Ashanand Mishra, resident of village and Post – Jamsham, P S - Pandaul, District – Madhubani - Petitioner Versus 1 The State of Bihar through the Director in Chief, Health Services, Bihar, Patna 2 The Civil Surgeon –cum- Chief Medical Officer, Darbhanga 3 The Incharge, Medical Officer, Primary Health Centre, Bahadurpur (Darbhanga) - Respondents ----------- 5 21.06.2010 The petitioner was Auxiliary Nurse Midwife. She was appointed as such in the year, 1986 whereafter original matriculation certificate and intermediate certificate were called for. Petitioner kept delaying the matter. Ultimately, her services were terminated and a first information report lodged against her for having obtained the appointment on wrong documents. Petitioner allegedly misplaced the documents and made application to the Bihar School Examination Board for grant of duplicate mark sheets which have since been received and submitted now. Petitioner states that there is no forgery committed by her. The duplicate mark sheets were duly issued and submitted. Learned counsel for the State submits that the matter is being enquired into with regard to genuineness of the certificates from the Bihar School Examination Board. The matter has already taken four months. There is no adverse report. In such situation, the solitary charge being of having obtained appointment wrongly does not stand to reason. The mark sheets having been submitted, the criminal prosecution is also equally misconceived. This is, however, subject to the Bihar School 2 Examination Board certifying that the duplicate mark sheets have been correctly given. It is directed that the Bihar School Examination Board respond to the query of the State in this regard immediately not later than one month from today. State must communicate this to the Bihar School Examination Board immediately. Till such time Bihar School Examination Board does not disapprove the mark sheets as given and as submitted by the petitioner to the State, the order of termination and stoppage of salary would remain in abeyance. Petitioner would be deemed to be continuing in regular service with all consequential benefits. The writ petition is, accordingly, disposed of. M.E.H./ (Navaniti Prasad Singh)