IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1422 of 2009 Nirmala Kumari wife of Shri Rakesh Kumar, resident of Village Meerjumla, P.O. Sikatia, P.S. Bhagwanpur Hat, Distt.- Siwan, at present posted and working as Panchayat Teacher in Govt. Primary School , Sakari, Anchal Bhagwanpur Hat-II, Distt- Siwan Appellant Versus 1. The State of Bihar 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The Director, Primary Education, Bihar, Patna 4. The Divisional Commissioner, Saran Division at Chapra 5. The Regional Development Officer, Saran at Chapra 6. The District Magistrate, Siwan 7. The Deputy Development Commissioner- cum- Chairman, District Education Establishment Committee, Siwan 8. The District Superintendent of Education, Siwan 9. The Block Development Officer, Bhagwanpur Hat, Distt.- Siwan 10. The Block Education Extension Officer, Bhagwanpur Hat-II, Distt.- Siwan 11. Gram Panchayat Raj Meer Jumla represented through its Mukhiya Shri Shambhu Ram R/o. vill Juafar, P.S Bhagwanpur, Distt- Siwan 12. The Mukhiya, Gram Panchayat Raj Meer Jumla Block- Bhagwanpur Hat, Distt.- Siwan 13. The Panchayat Secretary, Gram Panchayat Raj Meer Jumla Block Bhagwanpur Hat, Distt.- Siwan 14. The Headmaster, Govt. Primary School Sakari, Anchal Bhagwanpur Hat, Distt- Siwan Respondents. ----------- For the appellant : Mr.Umesh Kumar Mishra, Advocate For the State : Mr.Kaushal Kumar Jha, S.C.4 Mr.Krishna Chandra Jha, A.C.to SC 4. -------- 06 05.08.2011 This appeal arises out of the order dated 11.03.2009 passed in CWJC No.10247 of 2009 dated whereby the appellant has sought quashing of the enquiry report as contained in memo no.3372 dated 30.08.2008 (Annexure-6) issued by the Regional Development Officer, Saran Division, Chapra as also letter no.1231 dated 24.9.2008 issued by the District Magistrate, Siwan to the District Superintedent of Education, Siwan as well as the 2 Block Development Officer, Bhagwanpur Hat, Siwan for taking immediate action as per enquiry report and also sought quashing of letter No.09-II dated 5.2.2009 issued by the Block Development Officer, Bhagwanpur Hat, Siwan therein the authority has recommended for cancellation of the appellant’s selection as Panchayat Shikshak and declaring the selection as illegal. The learned counsel appearing on behalf of appellant has drawn our attention to Annexure-5 dated 30.11.2007 wherein a communication has been made that the appellant’s mark in intermediate examination in the year 2003 on the basis of which she was appointed, itself questioned. But, however, it has been stated that due to non- availability of woman candidate for selection as Panchayat Shikshak, the appellant was considered under woman quota basing on her matriculation certificate and marks, and her marks in intermediate examination has no relevancy in the appointment. However, in view of the fact that Annexure-5 indicates that the appearance of the appellant in Intermediate examination in the year 2003 is said to be a forgery in nature. We are of the opinion that the appellant may avail remedy available to her before the appropriate forum to declare her marks obtained in Intermediate Examination is not forged one. 3 Under the above circumstances, we are not inclined to interfere with the order of learned single Judge passed in CWJC No.10247 of 2009 dated 11.09.2009. However, we grant liberty to the appellant to avail remedy available to her with regard to Annexure-5 in accordance with law. We make it clear that if any authority makes enquiry and find that Annexure-5, i.e. the marks obtained by the appellant, is not forged, the appellant is given liberty to apply for future vacancies, if so desired, in accordance with law. With the above observation, the LPA stands dismissed. chandran (T.Meena Kumari,J.) (Vikash Jain, J.)