Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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
Checking your session…