IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6127 of 2010 1. SURESH KUMAR SINGH S/O SHRI RAM PUKAR SINGH R/O VILL SIRSA (BIJULPUR), P.O.DIGHWA DUBAULI, P.S.BAIKUNTHPUR, DISTT-GOPALGANJ---------------PETITIONER Versus 1. THE STATE OF BIHAR, THROUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVERNMENT OF BIHAR, PATNA 2. THE DISTRICT MAGISTRATE -CUM-DISTRICT OFFICER GOPALGANJ 3. THE MUKHIYA, GRAM PANCHAYAT RAJ SIRSA MANPUR, DISTT- GOPALGANJ 4. THE SECRETARY, GRAM PANCHAYAT RAJ SIRSA MANPUR, DISTT- GOPALGANJ--------------------RESPONDENTS ----------- 2 13.1.2011 Heard learned counsel for the parties. Annexure-1 is the order of the District Magistrate, Gopalganj which is the general communication to remove all such teachers who had not obtained intermediate degree within 33 months of their appointment on the basis of their matriculation certificate. Initially a time frame of 33 months was issued by the Department of Human Resources, Government of Bihar to enable such candidate to pass intermediate examination. The issue is no longer res integra in view of the decision which has already been rendered in similar circumstance in the case of Indu Devi vrs. The State of Bihar & Ors. reported in 2010 (2) PLJR 241 wherein the High Court has categorically held that merely because the person has obtained required qualification beyond 33 months period will not be a ground for termination from service. The reason for termination of the petitioner on that ground therefore cannot be sustained. This writ application is allowed. The order in - 2 - question is quashed in so far as it relates to the present petitioner with a direction upon the respondents that the petitioner will entitle to continue on the post and service without any break or hindrance. RPS (Ajay Kumar Tripathi,J.)