OM PRAKASH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Bindhyachal Singh, learned counsel for the petitioner, Mr. Anuj Kumar A.C. to G.P.24 for the State and Mr. Chandra Bhushan Das, learned counsel appearing for the Staff Selection Commission.

(2.) The petitioner is aggrieved by the order bearing No.739 dated 12.2.2014 of the District Education Officer, Siwan whereby his appointment has been cancelled and which order has been affirmed by the Commissioner, Siwan Division vide order passed on 17.4.2015 when the Service Appeal No. 107 of 2014 has been dismissed. Copies of the order passed by the District Education Officer, Siwan and the Commissioner, Siwan Division are impugned at Annexures-11 and 19 respectively to the writ petition.

(3.) The petitioner was appointed as an Assistant Teacher in Upgraded Middle School, Gopalpur, Anchal Goreyakothi in the District of Siwan. The petitioner claims to have passed matriculation examination in the year 1979 in 3rd Division securing 389 marks out of 900 marks and has also obtained Teacher's Training from the Government Primary Teacher's Training College, Pusa, Samastipur in the Session 1979-81. Copies of the certificates are placed at Annexures-1 and 2 respectively. It is following 3450 vacancies advertised on 10.12.2003 by the State Government through the Staff Selection Commission that the petitioner filed his application and was appointed. A copy of the appointment order bearing No. 226 dated 7.2.2012 is enclosed at Annexure-4 to the writ petition and the name of the petitioner appears at Serial No. 12. Following the stipulation present at Clause 7 of the appointment order requiring a verification of the documents and of cancellation of the appointment on discovery of any forged document or incorrect information that during scrutiny of documents it transpired that the certificate of some of the teachers were of doubtful character. The District Programme Officer on receiving a report in this regard from the District Education Officer sought a report from the Secretary, Bihar School Examination Board vide his letter bearing No. 1524 dated 29.10.2012, a copy of which is present at Annexure-7. The report of the Deputy Secretary (Vigilance), Bihar School Examination Board is present at Annexure8 and the Deputy Secretary while furnishing information in respect of 5 other candidates, reported that the petitioner had secured 3rd division having 389 marks in the matriculation.