IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5020 of 2008 PREM LATA DEVI, Wife of Kaushal, resident of Village-Adarsh Nagar, Fulkiya, P.S.-Ghoga, District-Bhagalpur. .............Petitioner. Versus 1. The State of Bihar through the District Magistrate, Bhagalpur. 2. The District Magistrate, Bhagalpur. 3. The Deputy Development Commissioner, East Champaran, Bhagalpur. 4. The District Superintendent of Education, Bhagalpur. 5. The Block Development Officer, Kahalgaon, Bhagalpur. 6. Panchayat Secretary Ghoga Panchayat within District Bhagalpur. 7. The Mukhiya Ghoga Panchayat, District-Bhagalpur. 8. Maharana Pratap, Son of Bhola Prasad, resident of Village-Adarsh Nagar, Phulkiya, P.S.-Ghoga, District-Bhagalpur. 9. Panchayat Secretary Kaudwar Gram Panchayat, District-Bhagalpur. ............Respondents. ----------- 2/ 11.12.2009 Heard counsel for the petitioner and the State. Petitioner’s grievance is that her candidature for appointment on the post of Panchayat Teacher in Ghoga Panchayat, has illegally been rejected by the Members of the Appointment Committee. Simply, for the reason that she has passed out her intermediate examination from Bihar Intermediate Education Council in vocational subjects, though the degree is equivalent to intermediate. The prayer of the petitioner is for quashing of the Letter No. 43 dated 08.01.2008 issued by the District Superintendent of Education, Bhagalpur, whereby the prayer of the petitioner for issuance of appointment letter, has been rejected. Counsel for the petitioner submits that the petitioner had obtained 76.2% marks in the intermediate examination and on the basis of her percentage of marks she was even eligible 2 for appointment in general category as the candidate who was appointed in the general category had 71.44% mark. Petitioner had applied for appointment in the backward category. Her candidature was not considered, simply for the reason that she passed out her intermediate examination with vocational subjects. The issue relating to the appointment on the post of Panchayat Teacher of such candidates who have passed their intermediate examination in vocational subjects, has already been considered and decided in C.W.J.C. No. 3974 of 2007 and analogous cases. The vocational courses conducted by the Bihar Intermediate Education Council, is held to be equivalent to I.Sc., I.A. & I.Com., in C.W.J.C. No. 3974/08 and analogous cases. The issue under consideration in all these matters was whether intermediate vocational courses are equivalent to the intermediate I. Sc., I.A. & I.Com. course, and it was held that candidates with such degree are eligible for appointment on the post of Panchayat Shikshak/Prakhand Shikshak. In this judgment it is also stated that in case if any one have been denied his appointment on this ground, but, are qualified for appointment, they are liable to be considered for appointment. In case there is no vacancy left, as they were wrongly deprived of appointment, the last person in the merit list would have to go, if the number cannot be increased otherwise. Prayer of the petitioner is also allowed in the light of these decisions. The petitioner will be considered for her 3 appointment on the post of Panchayat Shikshak/Prakhand Shikshak in the general category and the person in the general category having the minimum marks will have to go as per the direction in the earlier judgment. This application is allowed. Sanjeet/ (Mridula Mishra, J.)