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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court did not set aside the selection list or the appointment but ordered a fresh representation before the District Magistrate and disposed of the writ petition.

Summary

The petitioner, Chandan Kumar, challenged the selection/merit list for the post of Vikas Mitra in Ankaripande Bigha Gram Panchayat, alleging that the candidate placed first, Bhimsen Chaudhary, had submitted a forged matriculation certificate and that the selection committee failed to verify its authenticity. The petitioner sought to have the merit list set aside, the appointment of Bhimsen Chaudhary cancelled, and his own name, which was second on the list, appointed to the post. The Bihar Mahadalit Vikash Mission contended that a clarification had been sought from the alleged fraudulent candidate and that the Sub‑Divisional Officer was inclined to pass a final order. The High Court directed the petitioner to file a fresh representation before the District Magistrate, attaching all relevant documents, and ordered the District Magistrate to decide the matter within 90 days after hearing the respondent. Consequently, the writ petition was disposed of without granting any of the reliefs sought.

Issues considered

  • Whether the selection/merit list for the Vikas Mitra post is vitiated by the alleged submission of a forged matriculation certificate by the candidate placed first.
  • Whether the appointment of the candidate based on a forged certificate can be set aside.
  • Whether the petitioner, who was second on the merit list, is entitled to be appointed to the post.

Subjects

  • appointment
  • selection process
  • forged certificate
  • merit list
  • writ petition
  • administrative law
  • public service appointment
  • Bihar Mahadalit Vikash Mission

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.16753 of 2025
     ======================================================
     Chandan Kumar S/o- Shri Umesh Choudhary, R/o- Village- Dhangawana,
     Panchayat- Ankripande Bigha, Block- Meskaur, P.O.-Bijubigha, P.S.-
     Sitamarhi, District- Nawada, Bihar-805122.

                                                               ... ... Petitioner/s
                                      Versus
1.   The State of Bihar through the Additional Chief Secretary Scheduled Caste
     and Scheduled Tribes, Welfare Department, Government of Bihar, Patna.
2.   The Additional Chief Secretary, Scheduled Caste and Scheduled Tribes
     Department, Government of Bihar, Patna.
3.   The Mission Director, Bihar Mahadalit Vikash Mission, Scheduled Caste
     and Scheduled Tribes Department, Government of Bihar, Patna.
4.   The Ministry of education under Department of School Education and
     Literacy, Government of India, New Delhi.
5.   The Under Secretary, Ministry of Education, Government of India, New
     Delhi.
6.   The Council of Boards of School Education (COBSE), Ministry of
     Education, Government of India, New Delhi.
7.   The Additional Chief Secretary, Department of Education, Government of
     Bihar at Patna.
8.   The District Magistrate, Nawada, District- Nawada.
9.   The District Public Grievance Redressal Officer, Nawada, District- Nawada.
10. The District Welfare Officer, Bihar Mahadalit Vikash Mission Nawada,
    District- Nawada.
11. The Sub-Divisional Officer-Cum-Chairman Appointing Committee, Vikas
    Mitra, Rajauali, District- Nawada.
12. The Block Development Officer, Meskaur, District- Nawada.
13. Bhimsen Chaudhary, S/o- Ramjatan Chaudhary R/o- Kanugobigha, P.O.-
    Ankari, P.S.- Narhat, District- Nawada, Bihar- 805122.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Ranjeet Kumar, Advocate
                                  Mr. Rajnish Prakash, Advocate
                                  Mr. Kanishk Kaustubh, Advocate
                                  Ms. Llakshmi Kumari, Advocate
                                  Mr. Ankesh Kumar Singh, Advocate
     For the State          :     Mr.Additional Solicitor General
     For BMVM               :     Mr. Ranjeet Kumar Pandey, Advocate
     For GoI                :     Ms. Sarita Bajaj, CGC
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
         Patna High Court CWJC No.16753 of 2025(3) dt.24-03-2026
                                                    2/4




                                                  ORAL ORDER

3   24-03-2026                    Heard learned counsel appearing for the petitioner,

                   learned counsel appearing for the State, learned counsel

                   appearing for the Bihar Mahadalit Vikash Mission and learned

                   counsel for the Union of India.

                                 2. Learned counsel for the petitioner submtis that the

                   petitioenr has filed the present writ petition for the following

                   relief/s :-

                                                  “I.    For     setting     aside    the
                                       selection/merit list of Vikas Mitra in
                                       Ankaripande Bigha Gram Panchayat, Meskaur
                                       Block in Nawada District, issued vide Memo
                                       No.-1578, Dated-10.07.2024 with the signature
                                       of the Sub-Divisional Officer-Cum-Chairman
                                       Appointing Committee, Vikas Mitra, Rajauali,
                                       District-Nawada arising out of Advertisement
                                       Dated-24.06.2024 issued with the signature of
                                       the Sub-Divisional Officer, Rajauli, Nawada to
                                       the extent it relates to the selection of
                                       Respondent       No.-13      namely       Bhimsen
                                       Chaudhary, who figured at Sr. No.-01 in the
                                       said selection/merit list after calling of
                                       matriculation certificate/records of the selection
                                       process as the Respondent No.-13 submitted the
                                       forged certificate before the selection committee
                                       and the selection committee without verifying
                                       the genuineness of the matriculation certificate
                                       of Bhimsen Chaudhary appointed him on the
                                       said post in spite of the objection raised by the
                                       petitioner within the stipulated time.
                                                  II. For setting aside the appointment
                                       of the Respondent No.-13 namely Bhimsen
                                       Chaudhary from the post of Vikas Mitra as his
Patna High Court CWJC No.16753 of 2025(3) dt.24-03-2026
                                           3/4




                              appointment is based upon the forged
                              matriculation certificated issued by the Board
                              of Secondary Education, Madhya Bharat,
                              Gwalior which is a fake and bogus board as
                              declared by the Ministry of Education as well
                              as by the various High Courts in its several
                              judgments.
                                         III. For issuance of direction/s to the
                              respondent authorities to appoint the petitioner
                              on the post of Vikas Mitra in Ankaripande
                              Bigha Gram Panchyat, Meskaur Block in
                              Nawada District as petitioner's name appears
                              at Sr. No.-02 in the selection/merit list, after
                              setting aside the appointmentof the Respondent
                              No.-13 namely Bhimsen Choudhary, as the
                              petitioner fulfills all the eligibility criteria in
                              terms of advertisement as well as in terms of
                              Margdarshika for appointment of Vikas Mitra.
                                         IV. For any other relief/s for which
                              the petitioner may be deemed entitled to.”

                      3. Learned counsel for the petitioner submits that the

          matter is relating to appointment of Vikash Mitra in

          Ankaripande Bigha Gram Panchayat, Meskaur Block in Nawada

          district. He further submits that for redressal of his grievances,

          the petitioner has submitted a representation on 13.02.2026

          before the S.D.O., Rajaul, but till date no decision has been

          taken on his representation.

                      4. Learned counsel for the Bihar Mahadalit Vikash

          Mission submits that the contention of the petitioner is not

          correct. He further submits that vide Annexure -J to the counter
            Patna High Court CWJC No.16753 of 2025(3) dt.24-03-2026
                                                       4/4




                      affidavit filed by Bihar Mahadalit Vikash Mission which is letter

                      no. 3223 dated 04.12.2025 a clarification has been sought from

                      respondent no. 13 and thereafter the SDO is inclined to pass

                      final order.

                                  5. In the light of the submissions made, the petitioner

                      is directed to file a fresh representation before respondent No.8,

                      namely, the District Magistrate, Nawada, along with a copy of

                      this order, within 30 days from today annexing all relevant

                      documents including Annexure-J to the counter affidavit filed

                      by Bihar Mahadalit Vikash Mission. Upon receipt of the

                      representation, respondent No.8, namely, the District Magistrate,

                      Nawada, is directed to take a decision on the said representation

                      after hearing respondent no.13 within 90 days from the date of

                      its filing, with a reasoned and speaking order. The period of 90

                      days shall be counted after appearance of respondent no.13.

                                  6. With the aforesaid observation and direction, the

                      writ petition stands disposed off.



                                                 (Dr. Anshuman, J)
Ashwini/-

U


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