IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13203 of 2009 WINDAWASNI, W/o Bhupendra Kumar Bhushan, resident of Village- Puroshttampur, P.S.-Bibhutipur, District-Samastipur. ……..Petitioner. Versus 1. The State of Bihar through Secretary, Department of Human Resources, Govt. 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, Mansoorchak, District-Begusarai. 7. The Block Education Extension Officer, Block-Mansoorchak, District- Begusarai. 8. The Mukhiya Panchayat Raj Ganpataul, Block-Mansoorchak, District- Begusarai. 9. The Panchayat Secretary Panchayat Ganpataul, Block-Mansoorchak, District-Begusarai. 10. The Headmaster, Primary School Sri Rampur, Block-Mansoorchak, District- Begusarai. ……….Respondents. 2/ 04.01.2010 Heard counsel appearing for the petitioner and the counsel appearing for the State. Petitioner was appointed as Panchayat Teacher in created Primary School, Sri Rampur, Panchayat-Ganpataul, Block- Mansoorchak, Begusarai. Petitioner joined his post on 30.03.2007 and since then, was discharging his duties as Panchayat Teacher in the concerned school. However, vide Letter No. 06 dated 15.05.2009 Mukhiya and Panchayat Secretary of Panchayat Raj Ganpataul, terminated him from his service considering his qualification of Up- shastri degree. The termination letter was issued as per the order of the Block Education Extension Officer, contained in Letter No. 238 dated 16.12.2008 and Memo No. 879 dated 17.04.2009. It has been stated in the writ application that qualification of Up-Shastri obtained from Kameshwar Singh Darbhanga Sanskrit University is considered equivalent to intermediate and considering this qualification the petitioner was appointed on the post. The issue relating to appointment on the basis of Up-Shastri degree and termination of such appointees in the light of Letter No. 4240 dated 15.11.2007 issued by Human Resources Development Department, has already been decided and settled by the High Court in case of Ribha Rani and others Vs. The State of Bihar and others (CWJC No. 12456 of 2008). In Ribha Rani’s case, it has been held that contrary to 2006 rules, on the basis of an executive instruction, eligibility criteria for being appointed as Primary Teacher cannot be amended. The government if inclined to do so, it can alter/amend the rule, with perspective effect. The rule relating to appointments qualification and eligibility for appointment was amended in 2008 with perspective effect but the petitioner was appointed much earlier on 30.03.2007. The amended rule relating to qualification for appointment could not have any application in the case of the petitioner. Accordingly, the termination order dated 15.05.2009 contained in Letter No. 06 issued by the Mukhiya and Panchayat Secretary, Panchayat Raj, Ganpataul is quashed. The respondents are directed to re-instate the petitioner on his post with all consequential benefits. The order of reinstatement must be issued by the respondent authorities within two weeks from the date of production/communication of the order. Sanjeet/ (Mridula Mishra,J. )