(1.) Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State as well learned counsel for the Bihar School Examination Board. A very short point is involved in the present writ application. The petitioner seeks quashing of the letter No. 105 dated 5.11.2012 by which her service as Panchayat Teacher in Primary School, Devi Asthan, Amhara, Bihta, Patna has been terminated on the ground that she obtained the intermediate qualification illegally and produced forged and fabricated certificate for her re-appointment.
(2.) It appears that before issuance of the impugned order, notice was issued to the petitioner vide letter dated 15.10.2012 asking her to show-cause as to why appropriate action be not taken against her for having produced certificate in support of her intermediate qualification, obtained illegally. The basis for issuance of the said show-cause notice was that the petitioner worked as "Shiksha Mitra" for the Sessions 2003-2004 and 2004-2005 and in the meanwhile, she is said to have enhanced her qualification to intermediate as a regular student of R.P. College, Datiyana, Bikram, Patna. It was indicated in the said show-cause notice that while serving as "Shiksha Mitra", she could not have appeared as regular candidate for intermediate examination from the said R.P. College, Datiyana, Bikram, Patna.
(3.) In the required Rules/Circulars, the said "Shiksha Mitra" were required to enhance their qualification to intermediate. The petitioner obtained the said certificate after haying passed the examination from Bihar School Examination Board. The genuineness of the certificate issued by the Board is not in dispute. Learned counsel appearing on behalf of the Board has specifically submitted that said certificate has been found to be genuine and was issued by the Bihar School Examination Board. Learned counsel for the petitioner has relied upon an order of this Court dated 5.8.2010 passed in C.W.J.C. No. 5983 of 2010 wherein this Court held as follows:--