JUDGEMENT
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(1.) Heard Learned Counsel For The Parties.
(2.) Petitioner has questioned the appointment of private respondent as a Para Teacher in Science subject in Upgraded Middle School, Gowakala in the district of Chatra alleging that he had submitted fake documents of Intermediate in Science though he had passed Intermediate in Arts. Petitioner in support thereof enclosed certain provisional certificates and marks statement of Bihar Intermediate Education Council issued in the name of private respondent as a student of Chatra College Chatra. According to the counsel for the petitioner, the Principal, Chatra College Chatra through AnnexureI letter dated 3rd May, 2012 had also informed the applicant seeking information under R.T.I relating to the qualification of private respondent that the certificates enclosed with his application relating to the private respondent of Science were forged as the said person was student of Arts.
(3.) In Order To Traverse The Contention Of The Petitioner Respondents have annexed the report of Principal, Chatra College, Chatra dated 21st September, 2012, which certifies that the private respondent was a student of Arts in the said college having Roll no. 30058, Registration no. 0008496 and had passed the Intermediate in Arts Exam in July, 1998. He has good character. Respondents have also enclosed the matriculation certificate of private respondent issued by Bihar School Examination Board dated 6th September, 1996; the Marks statement of Bihar Intermediate Education Council issued on 25th July, 1998 which shows that he had passed Intermediate in Arts Exam held in April, 1998. The certificate of Intermediate in Arts of the private respondent is also enclosed apart from the certificate of Graduation issued by Vinoba Bhave University, Hazaribagh dated 22nd May, 2002. Learned counsel for the respondents has also referred to the statements of marks in Master of Arts (History) of the private respondent issued by Indira Gandhi National Open University along with transfer certificate of private respondent from Chatra College Chatra dated 20th July, 2002. Counsel for the respondents submits that these documents have been duly verified by the respondents and the selection exercise as Para Teacher of the school was also for the subject of Arts for which he holds the qualification of Arts. Upon inquiry, Intermediate of Arts and B.A. Certificate of the private respondent were found genuine and correct. The RespondentState submits that I.Sc certificate of respondent no. 5 produced by the petitioner, Fulmatiya Devi were forged and fabricated and not attested by any one as evident from perusal of Annexure1 to the writ application. The respondent no. 5 had submitted I.A. and B. A pass certificates at the time of selection by the Village Education Committee of U. M. S. Gowa Kala as evident from AnnexureA , the proceeding of Village Education Committee of the said school under Block Simaria, DistrictChatra held on 10th November, 2007 and attended by several villagers. Counsel for the respondents therefore submits that the entire challenge to the selection of private respondent is based on fictitious claim and forged document.;
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