IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.620 of 2011 Sampurnannand Singh Versus The State Of Bihar & Ors ----------- 2 1.7.2011 Heard counsel for the petitioner and the State. The petitioner prays for issuance of writ in the nature of qua-warranto for a direction to the respondents to examine the genuineness of the appointment of respondent no.6 as he is working as Assistant Teacher in Primary School, Jhaua Tola, Block Dighwara, Saran on the basis of certificate of another person after changing his own name as Arun Kumar Sinha son of Late Dev Nandan Sinha. The petitioner submits that on the basis of certain allegation against respondent no.6, the Block Education Officer, Dighwara made a detailed enquiry which is contained in Annexure-2 and forwarded his report on 23.6.2010 to the District Superintendent of Education, Saran for taking necessary action against him. The petitioner submits that till date no action has been taken against respondent no.2. Counsel for the State raises a preliminary objection that the petitioner does not have any locus standi to challenge the appointment of respondentno.6. Moreover, it would appear from the enquiry report that both Arun Kumar Sinha son of Dev Nandan Sinha and Narendra Singh son of Dev Nandan Singh are one and same person. In the sale deed, Voter I. Card and Voter List the name of Narendra Singh son of Dev Nandan Singh has 2 KHAN been mentioned whereas in his educational certificates the name of Arun Kumar Sinha has been mentioned. In all these papers the photo of one and same person is there. Thus, counsel for the State submits that no action is warranted against respondent no.6. In reply, counsel for the petitioner submits that in view of the decision of this Court in the case of Dineshwar Prasad Vs State of Bihar, reported in A.I.R. 1984 Patna 13, a writ in the nature of quo-warranto may be issued. Having heard counsel for the parties and on going through the materials on record, this writ petition is disposed of with a direction to the District Superintendent of Education, Saran to look into the report of the Block Education Extension Officer, Dighwara and proceed in accordance with law after issuing notice to all concerned. The matter should be disposed of preferably within four months from the date of receipt/production of a copy of this order. It is made clear that this court has not expressed any opinion on the merit of this case. (S.P. Singh,J)