IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16373 of 2009 1. UMESH RAM S/O RAM SWARUP RAM R/O VILL.- MISRAULIA, P.S.- AURAI, DISTT.- MUZAFFARPUR Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCE DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 3. THE DIRECTOR PRIMARY EDUCATION GOVT. OF BIHAR, PATNA 4. THE DISTRICT EDUCATION OFFICER, MUZAFFARPUR 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, MUZAFFARPUR 6. THE BLOCK EDUCATION EXTENSION OFFICER, AURAI, DISTT.- MUZAFFARPUR 7. THE DISTRICT MAGISTRATE, MUZAFFARPUR 8. THE BLOCK DEVELOPMENT OFFICER, AURAI, DISTT.- MUZAFFARPUR 9. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ BHALURA PANCHAYAT, DISTT.- MUZAFFARPUR 10. THE MUKHIYA GRAM PANCHAYAT RAJ BHALURA, DISTT.- MUZAFFARPUR ----------- 02/ 18.03.2010 Heard counsel for the petitioner and counsel appearing for the State. Prayer of the petitioner is for quashing of the order dated 30.10.2008 and 1.11.2008 issued by Mukhiya and Panchayat Secretary of Gram Panchayat Raj, Bhalura, whereby he has been terminated from the post of Panchayat teacher. Further prayer is for a direction to the respondents to reinstate him with all consequential benefits. Petitioner was initially appointed as Panchayat Shiksha Mitra on 28.1.2003 having qualification of matric. The period of 11 months’ engagement was extended on the second and third occasion, each for 11 months period. While petitioner was still continuing on the post of Panchayat Shiksha Mitra, - 2 - Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006 came into force with effect from 1.7.2006 and as provided under Rule 20(3) of the 2006 Rules, petitioner was absorbed on the post of Panchayat teacher. Rule 4(3) of 2006 Rules provided that in case of non-availability of Panchayat Shiksha Mitra having Intermediate qualification, Shiksha Mitra having matriculation qualification will be absorbed as Panchayat Teacher, subject to the condition of enhancement of their qualification within a specified time of six years. Petitioner’s case is that since he belonged to Scheduled Caste category and appointed as a reserve category candidate, as such in his case six years period for enhancement of qualification is applicable, but ignoring specific provision under the rule, the respondents have terminated him from his service, on the ground that he could not enhanced his qualification within 33 months of his initial appointment. Considering the fact that the impugned orders issued by the Mukhiya and Panchayat Secretary is completely in violation of the Rule 4(3) of 2006 Rules as - 3 - the petitioner admittedly has enhanced his qualification in the year, 2007, which is well within six years of his initial appointment, the impugned orders are quashed. The respondents Mukhiya and Panchayat Secretary of Gram Pacnahayt Raj, Bhalua are directed to reinstate the petitioner forthwith. Petitioner will also be entitled for all consequential benefits for the period, he remained out of his service on account of illegal termination order issued by the respondents. This application is allowed. DKS/ (Mridula Mishra, J.)