Sasmita Singh W/o Rajesh Kumar Singh v. State of Bihar
2026-04-24
Partha Sarthy
body2026
DailyLaw.ai
ORDER : 1. Heard learned counsel for the parties. 2. The petitioner has filed the instant application for the following relief(s):- “i. For issuance of writ in nature of mandamus or any other writ commanding the respondents to issue the original certificate of intermediate examination in favour of the petitioner who has passed the examination of intermediate in the session of 1993-95 from Veer Kunwar Singh College, Patna. ii. For issuance of writ in nature of mandamus or any other writ commanding the respondent no. 4 i.e. District Education Officer, Patna to upload the relevant data on the web-portal of Bihar Intermediate Education Council (B.I.E.C), Patna with respect to the passing of intermediate examination of intermediate by the petitioner in session 1993-95, from Veer Kunwar Singh College, Patna. iii. For issuance of writ in nature of mandamus or any other writ thereby commanding the respondent authorities to verify the certificate forwarded to them by the employer of the petitioner for the same. iv. For issuance of writ in nature of mandamus, commanding the respondents to alternatively take suitable and required steps to ensure that the service career/job of the petitioner who is working as T.G.T (Arts) under State Government of Jharkhand and presently posted as T.G.T. (Arts) at R.M.S New Bhagalpur School, Phusro, Bermo, Bokaro is not jeopardized. v. For issuance of any other appropriate writ, order or direction which your Lordships may deem fir and proper in the facts and circumstances of the case.” 3. The case of the petitioner in brief is that having passed her intermediate examination from the Veer Kunwar Singh College, Patna in the year 1995 and having secured first division in the intermediate examination, she was provided with a marksheet and the provisional certificate for the same. However, the original certificate has not been issued inspite of a lapse of almost 31 years. 4. It is submitted by learned counsel for the petitioner that the petitioner joined as a teacher in DAV Public School in Bokaro in the State of Jharkhand on 15.6.2002. Thereafter, she joined as Trained Graduate Teacher (Arts) under the State Government of Jharkhand and is presently working at R.M.S. New Bhagalpur School, Phusro, Bermo, Bokaro. 5.
4. It is submitted by learned counsel for the petitioner that the petitioner joined as a teacher in DAV Public School in Bokaro in the State of Jharkhand on 15.6.2002. Thereafter, she joined as Trained Graduate Teacher (Arts) under the State Government of Jharkhand and is presently working at R.M.S. New Bhagalpur School, Phusro, Bermo, Bokaro. 5. In absence of having submitted her original certificate with respect of her intermediate examination, the payment of salary to her was stopped, which it is submitted by learned counsel for the petitioner was started during pendency of the instant application. 6. It is submitted by learned counsel for the petitioner that the Board be directed to issue the original certificate for intermediate examination of the petitioner. 7. Learned counsel appearing for the Bihar School Examination Board submits that so far as the institution in question i.e., Veer Kunwar Singh College, Patna from which the petitioner claims to have passed the intermediate examination is concerned, it was never a duly recognized institution. Referring the judgment dated 24.1.1996 passed in CWJC No. 10953 of 1995 (Veer Kunwar Singh College and Ors. vs. The State of Bihar & Ors.), learned counsel submits that this Court held therein that the Council had only declared the college as a proposed college meaning thereby that permission was granted to the applicant to establish the college. This did not amount to grant of recognition. This Court proceeded to hold that the college was never recognized by the Council (Bihar Intermediate Education Council) as an intermediate college and therefore the question of withdrawing such recognition never arose. 8. Learned counsel further refers to the order dated 11.9.2025 passed in CWJC no. 10274 of 2025 to submit that a similar matter has been disposed of directing the petitioner therein for filing a representation before the Secretary, Bihar School Examination Board, who has to decide the representation in accordance with law. 9. Having heard learned counsel for the parties and having perused the contents of the petition, the facts not in dispute are that the petitioner appeared in the intermediate examination in the Session 1993 from Veer Kunwar Singh College, Patna and the marksheet and the provisional certificate thereof have been brought on record as Annexure-2 series, genuineness of which has not been disputed by the respondent-Board.
The contention of the Board is to the effect that the college in question had not been recognized at any stage, thus there is no question of issuance of certificate to the petitioner having passed from the said college. 10. At this stage, it would be relevant to refer to the order dated 12.12.2007 passed in CWJC No. 8431 of 2007 (Anjana Kumar vs. The State of Bihar & Ors.) wherein this Court considering the ongoing C.B.I and Vigilance enquiry, taking into consideration that the petitioner therein had been allowed to appear in the examination notwithstanding the non-affiliation of the college in question and her candidature and marksheet had not been cancelled, the learned Single Judge held that she could not be refused the grant of the original certificate on the ground of pendency of the CBI enquiry or any other enquiry. It accordingly directed for issuance of the same. 11. It further transpires that the Bihar School Examination Board preferred LPA no. 135 of 2008 against the order dated 12.12.2007. By order dated 11.11.2008, LPA no. 135 of 2008 was disposed of with a clarification that the certificate so issued in favour of the appellant therein pursuant to the directions contained in order dated 12.12.2007 passed in CWJC no. 8431 of 2007 shall be a provisional certificate subject to the ultimate conclusion of the CBI enquiry and any criminal case that may be lodged in light of the report of the CBI. 12. Having heard learned counsel for the parties and having perused the contents of the petition as also the materials on record, this writ application is disposed of with a direction to the respondent-Bihar School Examination Board to issue the original certificate to the petitioner with respect to the intermediate examination on the basis of the marksheet and the provisional certificate brought on record as Annexure-2 series to the writ application and further the issuance of the intermediate certificate shall be provisional subject to the result of the CBI enquiry and/or any other enquiry. 13. The certificate be issued/provided to the petitioner within a period of three months from the date of receipt/production of a copy of this order. 14. The writ application stands disposed of.