IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11762 of 2008 MD.HASIBULLAH, Son Of Habibullah, R/O Village Baliyari, P.S. Amas, District- Gaya …………. Petitioner Versus 1.The State Of Bihar 2.Principal Secretary, Human Resources Department, Govt. of Bihar, Patna 3.Director, Primary Education, Govt. of Bihar, Patna 4.Regional Deputy Director of Education, Govt. of Bihar, Patna 5.District Superintendent of Education, Gaya 6.Block Education Extension Officer, Sherghati, Gaya, District- Gaya 7.Head Master, Urdu Primary School Bhadeyari (Barachatti) District- Gaya …………….. Respondents with CWJC No.14941 of 2008 Abdul Mannan Khan, son of Late Md.Faseh Ahmad Khan, R/O village Bazoo Khurd, P.O. Barachatti, P.S. Mohanpur, District- Gaya, at present resident of village Dhenawan, P.O. Sarwan Khas, P.S. Barachatti, District- Gaya ………... Petitioner Versus 1.The State Of Bihar 2.Principal Secretary, Human Resources Department, Govt. of Bihar, Patna 3.Director, Primary Education, Govt. of Bihar, Patna 4.Regional Deputy Director of Education, Govt. of Bihar, Patna 5.District Superintendent of Education, Gaya 6.Block Education Extension Officer, Sherghati, Gaya, District- Gaya 7.Head Master, Urdu Primary School Berjer (Barachatti) District- Gaya …………….. Respondents with CWJC No.14943 of 2008 Rehana Khatoon, D/O Gayasuddin, resident of village Baliyari, P.S. Amas, District- Gaya ………… Petitioner Versus 1.The State Of Bihar 2.Principal Secretary, Human Resources Department, Govt. of Bihar, Patna 3.Director, Primary Education, Govt. of Bihar, Patna 4.Regional Deputy Director of Education, Govt. of Bihar, Patna 5.District Superintendent of Education, Gaya 2 6.Block Education Extension Officer, Sherghati, Gaya, District- Gaya 7.Head Master, Urdu Primary School Bhadeyari (Barachatti) District- Gaya …………….. Respondents with CWJC No.15034 of 2008 Syed Gheyasuddin, son of Late Syed Md.Shakoor, resident of village Hussainganj, P.O. Tilaiya, P.S. Amas, District- Gaya, at present village Hamzapur, P.O. Sherghati, P.S. Amas, District- Gaya (Bihar) ………… Petitioner Versus 1.The State Of Bihar 2.Principal Secretary, Human Resources Department, Govt. of Bihar, Patna 3.Director, Primary Education, Govt. of Bihar, Patna 4.Regional Deputy Director of Education, Govt. of Bihar, Patna 5.District Superintendent of Education, Gaya 6.Block Education Extension Officer, Sherghati, Gaya, District- Gaya 7.Head Master, H.M.Middle School Dumaria, District- Gaya …………….. Respondents with CWJC No.15139 of 2008 Md.Abul Kalam, son of Late Md.Bakshi Mian, resident of village Aukona, P.S. Amas, P.O. Sherghati, District- Gaya ……….. Petitioner Versus 1.The State Of Bihar 2.Principal Secretary, Human Resources Department, Govt. of Bihar, Patna 3.Director, Primary Education, Govt. of Bihar, Patna 4.Regional Deputy Director of Education, Govt. of Bihar, Patna 5.District Superintendent of Education, Gaya 6.Block Education Extension Officer, Sherghati, Gaya, District- Gaya 7.Head Master, Urdu Primary School Bhadeyari (Barachatti) District- Gaya …………….. Respondents ----------- 2. 28/10/2010 Petitioners of these writ applications have challenged the common order passed by the District Superintendent of Education, Gaya, contained in Memo No.4693 dated 3 6.7.2007. By this order, services of the petitioners have been terminated on the ground of having obtained appointment on the basis of forged certificates. Submission of learned counsel for the petitioners is that though the copies of certificates were filed before the Headmaster of the respective schools by the petitioners, as required, the same were not considered by the District Superintendent of Education and order has been passed on the ground that sufficient materials were not produced by the petitioners in support of their appointment. Learned counsel for the petitioners also submits that the District Superintendent of Education is not the competent authority to examine the same and pass orders afresh. As per submission of learned counsel for the petitioners, the Deputy Development Commissioner is the competent authority to get an enquiry held in respect of appointment of the petitioners and pass orders of termination, if appointments are found to be illegal. A counter affidavit has been filed in the case. In the counter affidavit, it is 4 stated that at no point of time i.e. neither before the Regional Deputy Director, where petitioners moved against said order of termination, nor subsequently before the Three-Men Committee, nor in this Court, petitioners have produced their certificates. This fact is not denied by learned counsel for the petitioners. Therefore, this Court refrains from making any observation with regard to validity of appointment of the petitioners. Petitioners are directed to file formal application before the Deputy Development Commissioner with all their certificates to enable the Deputy Development Commissioner to get an enquiry held, get the certificates verified and to come to a definite finding with regard to validity of appointment of petitioners. If such an application is filed by the petitioners within one month from today, it is expected that the Deputy Development Commissioner shall complete the enquiry and pass appropriate orders in accordance with law within three months thereafter. Restoration of services of the petitioners and any payment of salary to them 5 shall depend upon final outcome of enquiry and final orders of the Deputy Development Commissioner. Writ applications are disposed of with the aforesaid observations and directions. Pradeep/ ( J. N. Singh,J.)