IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10783 of 2009 POONAM KUMARI, D./o Sitaram Paswan, resident of village – Chiranjivipur, Post – Fateha, P.S. Bachhwara, District – Begusarai. ….. Petitioner. Versus 1. THE STATE OF BIHAR through Secretary, Department of Human Resources, Government of Bihar, Patna. 2. The Director, Department of Primary Education, Govt. of Bihar, Patna. 3. The District Magistrate, Begusarai. 4. The District Development Commissioner, Begusarai. 5. The District Superintendent of Education, Begusarai. 6. The Block Development Officer, Bachhwara, District – Begusarai. 7. The Block Education Extension Officer, Block – Bachhwara, District – Begusarai. 8. The Mukhiya, Panchayat Raj Chiranjivipur, Block – Bachhwara, District – Begusarai. 9. The Panchayat Secretary, Panchayat Chiranjivipur, Block – Bachhwara, District – Begusarai. 10. The Headmaster, Primary School Rajapur Ragho Mushari, Panchayat – Chiranjivipur, Block – Bachhwara, District – Begusarai. ….. Respondents. For the Petitioner : - Mr. Pramod Mishra, Advocate Mr. Nakul Kumar Jamuar, Advocate. ----------- 02/ 09.10.2009 Heard counsels representing the petitioner and the State. Petitioner has filed this application for quashing the order contained in letter no. 6 dated 12.5.2008 issued by the Panchayat Secretary –cum- Secretary Panchayat Teacher Employment, Panchayat Raj Chiranjivipur, Block – Bachhwara, District – Begusarai, whereby she has been terminated from service for the reason that considering an Up-shashtri qualification she was appointed on the post of - 2 - Panchayat teachers and such qualification being not requisite qualification and not equivalent to Intermediate, as such, not eligible for appointment as Panchayat teachers. Panchayat Secretary had issued this order in the light of Block Education Extension Officer’s order dated 28.3.2008 contained in Memo No. 298. The Block Development Officer had issued such direction in the light of a letter of Principal Secretary, Human Resources Development Department, Govt. of Bihar bearing no. 4240 dated 15.11.2007. By this letter a decision was communicated to all District Magistrates that since under Rule 6 of Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006, petitioner having qualification in Urdu are eligible only for the Urdu teachers, hence holders of degree of Moulvi and Up-shashtri and other vocational degrees equivalent to Intermediate will not be entitled for appointment on the general post of teachers under the Rules. The issue which is under consideration in the present writ application, was considered and decided by the High Court in C.W.J.C. No. 2456 of 2008 and analogous cases (Ribha Rani and - 3 - others Vs. State of Bihar and others). In this decision it was held “on a proper consideration of the submissions advanced by both the parties, the Court finds merit in the submission made on behalf of the petitioners. They have a valid cause of action against their threatened removal. The executive decision contained in Annexure-1 which is basis for Annexure-2 is found to be contrary to eligibility criteria laid down in the Rules. Such a change in the eligibility criteria cannot be treated as clarification or an order removing defects in implementation of the rules. Such changes can be brought about only by suitable amendment in the Rules.” It has also held that Rules must be given precedence over executive decisions and Rule 8 clearly prescribes that for Panchayat teacher the degree of Intermediate from any institution recognized by the Government or any equivalent degree from such institutions would be sufficient educational qualification. Since this issue has already been settled, I find that the officials of the Education department are committing contempt of order of this Court by passing such orders of termination, once it has been held and - 4 - decided that under 2006 Rules Up-shashtri or Moulvi degree were considered equivalent degree to the Intermediate. In that circumstance, terminating the appointments on this ground that persons having Up- shashtri degree are not eligible for appointment is illegal, arbitrary and contemptuous. The Principal Secretary, Human Resources Development Department must issue a general order informing all concerned officials that they will not issue any such illegal orders in future, compelling the teachers appointed on the basis of Up-shashtri degree for filing writ applications to quash such illegal orders. The impugned order contained in letter no. 6 dated 12.5.2008 issued by Panchayat Secretary (respondent no. 9) is quashed. Respondent no. 9 is directed to reinstate the petitioner on her post with all consequential benefits, immediately on production/communication of this order. This writ application is, accordingly, allowed. DKS/ (Mridula Mishra, J.)