IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11574 of 2010 ====================================================== 1. Nirmalaya Sarkar S/O Late Achintya Kumar Sarkar R/O Mohalla- Nalini Bhamon, A.P.C. Sarini, Siliguri, P.S.- Bhaktinagar, P.O.- Siliguri, Distt.- Darjeeling .... .... Petitioner/s Versus 1. Cabinet, Department Of Vigilance, Govt. Of Bihar, Patna 2. Director, Vigilance, Bihar, Patna 3. Bhupendra Narain Mandal University Lalu Nagar, Madhepura, Distt.- Madhepura 4. The Vice-Chancellor Bhupendra Narain Mandal University, Lalu Nagar, Madhepura, Distt.- Madhepura 5. The Registrar, Bhupendra Narain Mandal University Lalu Nagar, Madhepura, Distt.- Madhepura .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sushanta Kumar Das For the Respondent/s : Mr. Arvind Kr.(I/C Spl.Pp)Vig ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 2 24-11-2011 Heard learned counsel for the petitioner and learned counsel for the State. No one appears for the Department of Vigilance. A counter affidavit on behalf of the department of vigilance is stated to have been served on the counsel for the petitioner on 24.11.2011. Learned counsel for the University submits that no copy has been served upon him. Let the office retain a Xerox copy of the counter affidavit filed by the Department of Vigilance, served on the Patna High Court CWJC No.11574 of 2010 (2) dt.24-11-2011 2 counsel for the petitioner, and, then return the original copy. The petitioner seeks the release of his Post Graduate certificate for the M.Sc., Physics, completed by him in the year-1996 from the Purnea College at Purnea, affiliated to the B.N.Mandal University, Madhepura. It is submitted that he passed in the 1st class. The marksheet and the provisional certificate were issued to him in time. On 28.9.2007 he was issued the original certificate, but with a stamp embossed that it was subject to the vigilance enquiry and court procedures. He was selected by the West Bengal Regional School Service Commission, North Region, for the post of assistant teacher in the discipline of Physics at the Netaji High School, District Jalpaiguri and was given a higher pay scale also. Subsequently, he changed his employment where again he had the benefit of his M.Sc. degree, but because of the objection embossed by the respondents, his financial emoluments are now getting affected. It is emphatically submitted on his behalf that there is no criminal case pending against the Purnea College, much less against the petitioner in context of his M.Sc. degree instituted by the Department of Vigilance or otherwise. The counter affidavit on behalf of the B.N. Mandal University states that the Vigilance Department seized the records of the college and the P.G. Department. The Patna High Court CWJC No.11574 of 2010 (2) dt.24-11-2011 3 Examination Committee therefore decided to release certificates with the aforesaid endorsement. It reiterates that no case whatsoever had been lodged against the Purnea College. The counter affidavit of the Department of Vigilance at paragraph-8 and 9 reads as follows:- “8. That till date nothing adverse have been found against this specific petitioner. The petitioner is not in the list of persons which was sent by Sri Kanti Viswas Hon’ble Minister Education Department (Primary Secondary and mothersa) West Bengal to Under Sectt. To The Governor Bihar Raj Bhawan, Patna. 9. That since the name of the petitioner was not come during enquiry so irregularities regarding the petitioners degree was not enquired. It isa to mention here that the Vigilance is conucting enquiry regarding degree scam of B.N. Mandal University, Madhepura in which Purnia College, Purnia is also a constitutnt college and petitioner has got his P.G. Degree from the Purnia College, Purnia.” The Vigilance enquiry was registered in the year- 1999. Presently, nearly 12 years later the Vigilance Department is yet to make a clear statement on the present state of affairs in its counter affidavit in a proceeding before the Court. The Court holds that no one can play with the career of a citizen except with the sanction of the law. The University and the Department of Vigilance shall therefore ensure that a fresh certificate shall be issued to the petitioner unconditional in nature along with a clarificatory letter in context of the earlier certificate so that his career is Patna High Court CWJC No.11574 of 2010 (2) dt.24-11-2011 4 not jeopardized in any manner. Let the B. N. Mandal University and the Department of Vigilance act together for the same so as to ensure compliance within a maximum period of four weeks from the date of receipt/presentation of a copy of this order before the Vice Chancellor of the University except on the pain of appropriate proceedings for non-compliance. The writ application stands disposed. Krishna Chandra Jha/- (Navin Sinha, J)