IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16755 of 2009 1. AKHILESH KUMAR S/O SRI HARI NANDAN SAH R/O VILL- JAMALDI PUR, P.S- KHARIK, P.O- GOURIPUR, DISTT- BHAGALPUR Versus 1. THE STATE OF BIHAR 2. THE SECRETARY HUMAN RESOURCES DEVELOPMENT OF BIHAR, PATNA 3. THE DIRECTOR OF PRIMARY EDUCATION, DEPARTMENT , GOVT. OF BIHAR, PATNA 4. THE DISTRICT MAGISTRATE, BHAGALPUR 5. THE DISTRICT TEACHERS EMPLOYMENT APPELLATE TRIBUNAL BHAGALPUR 6. THE DISTRICT EDUCATION OFFICER, BHAGALPUR 7. THE DISTRICT SUPERINTENDENT OF EDUCATION, BHAGALPUR 8. THE SUB-DIVISIONAL EDUCATIONAL OFFICER, BHAGALPUR 9. THE BLOCK EDUCATION EXTENSION OFFICER, KHARIK, BHAGALPUR 10. THE BLOCK EXTENSION EDUCATION OFFICER, BIRPUR, PRAKHAND, DISTT- BHAGALPUR 11. THE BLOCK EXTENSION EDUCATION OFFICER, NARAYANPUR PRAKHAND, DISTT- BHAGALPUR 12. THE BLOCK EXTENSION EDUCATION OFFICER, NAVGACHHIA PRAKHAND, DISTT- BHAGALPUR 13. THE BLOCK EXTENSTION EDUCATION OFFICER, ISMAILPUR PRAKHAND, DISTT- BHAGALPUR 14. PANCHAYAT SECRETARY KHARIK BAZAR, BHAGALPUR 15. PANCHAYAT SECRETARY, USMANPUR, BHAGALPUR 16. PANCHAYAT SECRETARY, KHAIRPUR, BHAGALPUR 17. PANCHAYAT SECRETARY, PARBATTA, BHAGALPUR 18. THESECRETARY CENTRAL BOARD OF HIGHER EDUCATION VACHASPATI BHAWAN, AARJ SAMAJ ROAD, UTTAM NAGAR, NEW DELHI ----------- 2 25.3.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner has filed this application for quashing of the order dated 5.9.2009 passed by the Member, District Teachers Employment Appellate Tribunal, Bhagalpur rejecting the claim of the petitioner 2 for his appointment on the basis of certificate issued from Central Board of Higher Education, New Delhi. The impugned order indicates that the Central Board of Higher Education, New Delhi is not a Board, which is a member of Central Board of Secondary Education. This is a fake Board and any degree/certificate issued from the Board cannot be treated as equivalent to Intermediate. Counsel for the petitioner submits that this finding has been recorded by the Appellate Tribunal without proper verification/inquiry in this regard. These are the matters, which needs proper inquiry/verification, as such this application is being disposed off giving liberty to the petitioner for filing his representation before the Secretary, Human Resources Development Department, Government of Bihar, Patna to find out the genuineness of Central Board of Higher Education, New Delhi, which has issued certificate in favour of the petitioner and which is being claimed by the petitioner as equivalent to Intermediate. In case of filing such representation by the 3 petitioner, final order must be passed by the respondent no.2, preferably within a period of eight weeks. (Mridula Mishra,J.) A.Kumar