IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.317 of 2006 BABAN RAM,S/O LATE BUDHAN RAM, R/O VILLAGE-KHEKHASI, P.S.ITARHI, DISTRICT BUXAR. ………………………PETITIONER. Versus 1.THE STATE OF BIHAR THROUGH ITS SECRETARY, WATER RESOURCES DEPARTMENT, BIHAR, PATNA. 2.THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, DIHARI, DISTRICT-ROHTAS. 3.THE SUPERINTENDING ENGINEER, FLOOD CONTROL, BUXAR CIRCLE, BUXAR. 4.THE EXECUTIVE ENGINEER, SONE NAHAR DIVISION, BUXAR. 5.THE DISTRICT OFFICER CUM CHAIRMAN, DISTRICT COMPASSIONATE COMMITTEE, BUXAR. ……………………RESPONDENTS. ----------- 07/ 28.03.2011 After some arguments counsel for the petitioner, in view of the stand taken by the respondents in their counter affidavit would seek leave of this Court to withdraw this writ application with a liberty to file a Civil Suit before the Court of competent jurisdiction, seeking declaration for his transfer Certificate issued by the Headmaster of the Government Basic School, Oonwas, dated 25.02.1992(Annexure-3) being not forged and the solitary reason by the District Compassionate Appointment Committee for denying the appointment of the petitioner on compassionate ground to be unsustainable. Counsel for the State on the other 2 hand would submit that the petitioner has conceded somehow the whole thing, inasmuch as, the certificate which was taken into consideration by District Compassionate Appointment Committee was one dated 21.01.1993 as contained in Annexure-F in the supplementary counter affidavit, wherein, he was shown to have passed class-VIII examination from High School, Itarhi, Buxar. He has further submitted that, it was this certificate which was sent for verification and consequently was found to be forged, inasmuch as, the same was denied to have been ever issued by the concerned Headmaster of High School, Itarhi. He has also informed this Court that detecting this forgery on the part of the petitioner, a First Information Report has also been lodged against him and the criminal case is pending. Counsel for the petitioner, has however also pointed out that the aforesaid school leaving certificate contained in Annexure-F was never submitted by the petitioner and that someone else being enemical and having adverse interest had got 3 the certificate created only in order to disentitle the petitioner from getting appointed on compassionate ground. In the considered opinion of this Court all these pleas therefore, would require leading of evidence both oral and documentary in order to adjudicate this disputed question of fact which cannot be done within the limited parameters and jurisdiction of this Court under Article 226 of the Constitution of India. If the petitioner would therefore, like to press his claim for appointment on compassionate ground, he will have to definitely seek a declaration with regard to his educational qualification and his date of birth in a properly constituted Title Suit in Civil Court impleading the State and its officials particularly the Collector of the district and the District Education Officer, who are supposed to take the needful decision for appointment of the petitioner on compassionate ground. That being so, this application is permitted to be withdrawn to enable the petitioner to file a Civil Suit by bringing 4 on record all the relevant facts including the emergence of his two school leaving certificates as with regard to his same educational qualification from two different schools almost at the same point of time. With the aforementioned observations and direction, this application is dismissed as withdrawn. Ranjan (Mihir Kumar Jha,J)