Patna High Court
Aarti Kumari @ Aarti DeviversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- SATYAVRAT VERMA
Holding
The appointment was obtained fraudulently and the disciplinary termination was lawful, so the writ petition is dismissed.
Summary
Petitioner Aarti Kumari filed a writ petition challenging her termination from a teaching post in the Saran district. No counsel appeared for her, while the State was represented by Smt. Shilpa Singh, GA-12. The respondent submitted a supplementary counter‑affidavit along with an enquiry report indicating that the petitioner had secured the appointment using another person's certificate, which amounted to fraud. Based on this finding, the disciplinary authority terminated her service. The High Court dismissed the writ petition, holding that the termination was justified and the petition lacked merit for prosecution.
Issues considered
- What is the legality of the petitioner’s appointment obtained through a fraudulent certificate?
- Whether the disciplinary authority was justified in terminating the petitioner’s service?
- Whether the writ petition is maintainable in view of the alleged misconduct.
Subjects
- appointment fraud
- teacher service termination
- disciplinary action
- writ jurisdiction
- education department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10524 of 2018
======================================================
Aarti Kumari @ Aarti Devi wife of Anil Kumar Singh and Daughter of Sri
Narayan Chaudhary, resident of Village- Bagauchhia Bhithi, P.O. Bhithi, P.S.
Baniyapur, District- Saran at Chapra.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Education Department, Government of Bihar,
Patna.
3. The Director, Primary Education, Education Department, Government of
Bihar, Patna.
4. The Regional Deputy Director of Education, Saran Division, Chapra.
5. The District Education Officer, Saran at Chapra, District- Saran at Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None.
For the Respondent/s : Smt. Shilpa Singh, GA-12
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
7 14-07-2025 1. No one appears on behalf of the petitioner. The
learned AC to GA-12 is present.
2. The learned counsel appearing on behalf of the
State submits that in compliance of the order dated 16.06.2025,
a supplementary counter affidavit on behalf of respondent no.4
has been filed, bringing on record the enquiry report. It is
submitted that in the inquiry report, it has come that petitioner
got the appointment of teacher based on certificate of another
person, as such, thereafter the disciplinary authority terminated
her service.
3. The writ application is dismissed for non-
Patna High Court CWJC No.10524 of 2018(7) dt.14-07-2025
2/2
prosecution.
4. The supplementary counter affidavit is taken on
record.
(Satyavrat Verma, J)
amit/-
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