IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9628 of 2009 1. AJAY KUMAR YADAV ,SON OF BRAHAMDEO PRASAD YADAV, RESIDENT OF VILLAGE-ANANDPUR PRAS, POLICE STATION-ALAULI DISTRICT- KHAGARIA 2. PRAKASH SADA, SON OF SURESH SADA, RESIDENT OF VILLAGE-KALWARA GHAT,P.S.- ALAULI, DISTRICT- KHAGARIA 3. LALTUN SADA, SON OF SANTOSHI SADA, RESIDENT OF VILLAGE-AURAHI, P.S. ALAULI, DISTRICT KHAGARIA ---- PETITIONERS Versus 1. THE STATE OF BIHAR THROUGH ITS SECRETARY, HUMAN RESOURCES DEPARTMENT. 2. THE DISTRICT MAGISTRATE, KHAGARIA 3. THE DISTRICT SUPERINTENDENT OF EDUCATION-CUM- DISTRICT PROGRAMMINING COORDINATOR, DISTRICT- KHAGARIA 4. THE BLOCK DEVELOPMENT OFFICER, ANCHAL-ALAULI, DISTRICT-KHAGARIA 5. THE MUKHIA, GRAM PANCHAYAT ANANDPUR MARAN, ANCHAL-ALAULI,DISTRICT KHAGARIA 6. THE BLOCK EDUCATION EXTENSION OFFICER, ANCHAL- ALAULI, DISTRICT KHAGARIA. ----------- For the petitioners: Mr. Manoj Priyadarshi,Advocate For State:- Mr. K.K.Jha, S.C. 18 2 26.8.2009 Heard Counsels for the petitioners and the State. Petitioners were appointed on the post of Panchayat Shiksha Mitra by the Sukh-Subidha Committee of the Gram Panchayat constituted for this purpose. At the time of their initial appointment qualification of petitioners was matriculation. Petitioner No.1 joined as Panchayat Shiksha Mitra in Middle School, Shyam Gharan Panchayat, petitioner No.2 in Primary School, Kalwara and petitioner No.3 was posted in Primary School, Aurahi Dih within the same Gram Panchayat. Petitioners’ first engagement on the post of - 2 - Panchayat Shiksha Mitra further extended up to the year 2006. Petitioner No.1 enhanced his qualification and passed Intermediate in the year 2007. Similarly petitioner Nos. 2 and 3 also enhanced their qualification by passing Intermediate examination in the year 2008. While petitioners were still serving as Panchayat Shiksha Mitra, Bihar Panchayat Primary Teachers ( Appointment and Service Conditions) Rules, 2006 came into effect and as provided under Rule 20 of 2006 Rules, they were absorbed and deemed to be Panchayat Shikshak with effect from 1.7.2006. Petitioners continued there on the post as Panchayat Shikshak and received regular salary. Suddenly, a letter dated 15.9.2008 was issued by the Mukhia of concerned Gram Panchayat giving reference of letter dated 22.8.2008 issued by the District Superintendent of Education, Khagaria, and petitioners were terminated from their service on the basis of order contained in this letter. Petitioners have challenged the order contained in memo No.18 dated 15.9.2008 issued by Mukhiya, Gram Panchayat, Anandpdur, terminating petitioners’ service as Panchayat Shikshak. The ground for termination is that at the time of their initial appointment on the post of Panchayat Shiksha Mitra, they did not have requisite educational qualification of - 3 - Intermediate, as such, their subsequent absorption on the post of Panchayat Shikshak is bad. Counsel for the petitioners has placed reliance on an unreported decision of this Court passed in CWJC No. 3700 of 2009. In that case also the petitioner was terminated from service on the similar ground. Petitioner in that writ application had prayed for quashing part of the circular dated 4.7.2008, whereby, criteria for acquiring Intermediate qualification within 33 months of first engagement has been fixed. Initially qualification for appointment on the post of Shiksha Mitra was matriculation which was subsequently enhanced vide the order of Human Resources Development Department, Government of Bihar, vide circular no. 1458 dated 11.8.2004. Minimum qualification for appointment on the post of Panchayat Shiksha Mitra was enhanced as Intermediate with 45% marks. On account of enhancement in qualification, several Shiksh Mitras appointed with matric qualification were terminated. Order of termination was challenged before High Court and finally such matter was considered by the High Court in LPA No. 940 of 2007. It was decided that the candidates who had acquired Intermediate qualification within 33 months from the date of their initial selection/appointment, even with less - 4 - than 45% marks, shall be treated as properly appointed and will be absorbed on the post of Panchayat Teachers. In the light of the order passed in the said LPA, the State Government came out with Resolution contained in Circular No. 2517 dated 4.7.2008, whereby, the time was specified for acquiring Intermediate qualification, i.e. within 33 months from the date of initial appointment. In CWJC No. 3700 of 2009 part of circular No. 2517 dated 4.7.2008 was challenged whereby, 33 months time has been fixed for acquiring I.A. degree. This writ application was allowed, holding that Intermediate degree even if obtained after 33 months from the date of initial appointment will be sufficient for continuation of a Panchayat Shiksha Mitra on their absorption as Panchayat Teachers. Intention behind fixing time for acquiring enhanced qualification of Intermediate must have been to improve educational qualification and knowledge and capacity of Shiksha Mitra, already absorbed on the post of Panchayat Teachers. Educational qualification was enhanced for improving standard of teaching in Primary Schools, which is the starting point of educational system. It is for the benefit of both i.e. teachers and students. Intention behind these Government circulars in no case can be punitive but - 5 - beneficial and to improve the standard of education of the Teachers and taught. I find that in the present case all three petitioners have enhanced their qualification as Intermediate and as decided by this Court there was no reason for issuing any termination order by the Mukhiya or the District Superintendent of Education. Accordingly, the order contained in memo no.18 dated 15.9.2008 issued by the Mukhiya of the concerned Gram Panchayat in the light of the order issued by the District Superintendent of Education, Khagaria contained in memo no. 803 dated 22.8.2008 is quashed. The respondents are directed to reinstate the petitioners on that post and allow them to discharge their duties and make payment of salary and all other consequential benefits. (Mridula Mishra, J.) A.Kumar