IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.450 of 2010 Nusrat Perveen wife of Md. Tamizuddin, R/o Village Baura, P.S. Kadwa, District Katihar …………Appellant Versus 1.The State of Bihar through the Secretary, Department of Human Resource, Government of Bihar, Patna 2. The Director Primary Education, Human Resource Deptt., Govt. of Bihar, Patna 3. The District Magistrate, Katihar, District Katihar 4. The Deputy Development Commissioner, Katihar 5. The District Superintendent of Education, Katihar 6. The Block Development Officer, Kadwa Block, District Katihar 7. The Block Education Extension Officer, Kadwa Block, District Katihar 8. The Chairman, Sikcha Committee of Primary Teachers Gram Panchayat Bhogaon, Block Kadwa, District Katihar 9. The Mukhiya of Gram Panchayat Bhogaon, Block Kadwa, District Katihar 10. The Panchayat Sachiev, Gram Panchayat Bhogaon, Block Kadwa, District Katihar 11. The Secretary, Bihar State Madarsa Education Board, Patna 12. Naseema Khatoon, D/o Md. Zeaul Haque, resident of village Baura, P.S. Kadwa, District Katihar 13. The Member of District Teachers Appointment Appellate Tribunals, Katihar ………Respondents ----------- 2 18.3.2011 Heard Mr. Md. Helal Ahmad for the appellant, learned A.C. to Mr. Rashid Alam for respondent no.11, and Mr. Dhirendra Kumar Jha for respondent no.12. This appeal under clause 10 of Letters Patent of High Court of Judicature at Patna has been preferred by the petitioner of C.W.J.C.No.14442 of 2009, and is aggrieved by order dated 2.2.2010, whereby the writ petition has been dismissed and appointment of respondent no.12 as a Panchayat Shikshak has been 2 upheld. The facts of the case in short are that the appellant and others including Respondent no.12 applied for appointment as Urdu Panchayat Teacher at Gram Panchayat Bhogaon, Block Kadwa, District Katihar. Respondent no.12 was selected and appointed as Panchayat teacher. The appellant challenged her appointment before the District Teachers Employment Appellate Tribunal, Katihar, being Appeal Case No.1530/09 which was rejected on 17.8.2009, leading to filing of writ petition. The appellant’s raises the plea before the learned Single Judge that respondent no.12 was minor and by misrepresenting her date of birth got herself selected on basis of maneuvered certificate of Fokania issued by Respondent no.11. It is further case of the appellant that respondent no.12 was a regular student of Primary school at Baura and A.L. High School, Katihar. In the aforesaid institution her date of birth has been recorded as 7.5.1992. It is submitted that Respondent no.12 illegally managed the Moulvi certificate from the Bihar Madarsa Education Board, 3 KHAN Patna by changing her date of birth as 31.3.1987. The appellant thus conclude that the real date of birth of respondent no.12 is 7.5.1992 as per which she should be a minor on the date of her selection. The learned Single Judge observed that in her application the respondent no.12 had given her qualification as Fokania which is equivalent to Matriculation. In her Fokania certificate her date of birth is recorded as 31.3.1987 which prima facie cannot be faulted. We also find that it is not the appellant’s case that respondent no.12 has made any interpolation in her Fokania certificate in which her date of birth is recorded as 31.3.1987. As per the aforesaid certificate she would be a major and thus eligible for being appointed as a Panchayat teacher. It appears to us that the view taken by the learned Single Judge is a possible view. We, therefore, do not wish to interfere in the matter. It is accordingly dismissed. (S.K. Katriar,J) (S.P.Singh,J) 4