IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4997 of 2008 SADHANA KUMARI, W/O PRIYA RANJAN KUMAR, R/O VILLAGE- NAWADA, P.O.-GANGAYA, P.S. –KATARA, DISTRICT- MUZAFFARPUR …….. PETITIONER. Versus 1. THE STATE OF BIHAR 2. The Commissioner-cum-Secretary, Human Resources Development Department, Bihar, Patna. 3. the Director, Primary Education , Govt of Bihar, Patna. 4. The District Magistrate, Muzaffarpur. 5. The Deputy Development Commissioner, Muzaffarpur. 6. The District Superintendent of Education, Muzaffarpur. 7. The Block Development Officer , Katara, Muzaffarpur. 8. The Block Education Extension Officer, Katara, Muzaffarpur. 9. The Mukhiya, Gram Panchayat Raj, Barri, Katara. 10. The Secretary, Gram Panchayat Raj, Barri, Katara ………. …………. Respondents. ----------- 2. 07.07.2009 Heard learned counsel for the petitioner and the counsel appearing for the state. Petitioner’s grievance is that her absorption on the post of Panchayat teacher has been cancelled by the Block Education Extension Officer simply for the reason that in the intermediate examination, she has obtained 41.3 per cent of marks and no one having less than 45 per cent marks in intermediate can be absorbed/appointed as Panchayat teachers as provided under Panchayat Primary Teachers (Appointment and service conditions) Rules. Counsel for the petitioner submits that initially, the petitioner was engaged as Panchayat Shikcha Mitra and at the relevant time, as per the guidelines, for appointment of Panchayat Shikcha Mitra, the requisite qualification was 2 matriculation degree. Subsequently, the requisite qualification was enhanced intermediate examination or equivalent degree, but no percentage of marks was fixed. At the time of petitioner’s appointment, no such condition was there that candidates should have 45 per cent marks in intermediate, as such, the subsequent rule or resolution of the Government could not be made applicable for cancelling her absorption on the post of Panchayat teacher. In support of her contention, petitioner has placed reliance on a decision of this court passed in C.W.J.C. No. 3572 of 2007 (Sujata Devi @ Sujata Kumari Vs State of Bihar) where questions relating to appointment on the post of Panchayat Shikcha Mitra, having less than 45 per cent marks in intermediate was considered. In this decision, it has been held that appointment on the post of Panchayat Shikcha Mitra having less than 45 per cent marks is not relevant as the State Government itself has taken a decision by the order dated 04.07.2008 contained in Memo No. 2517 directing that even matriculate who has been selected as Panchayat Shikcha Mitra, securing less than 45 per cent marks in the intermediate examination will continue in service and if services of anyone has been terminated on this ground that they had secured less than 45 per cent marks in the intermediate examination, will be reinstated in service. This policy decision as well as decision contained in C.W.J.C. No. 3572 of 2007 duly covers the facts of petitioner’s case and relief prayed by her. 3 Accordingly, the impugned orders contained in Letter No. 713 dated 15.02.2008 issued by the District Magistrate, Muzaffarpur directing the Law Development Officer, Katara, the Block Education Extension Officer, Katara, Mukhiya, Gram Panchayat Raj, Barri and the Secretary, Gram Panchayat Raj, Barri to stop taking work from those Panchayat Shikcha Mitra who have less than 45 per cent marks in the intermediate examination or equivalent and directing not to pay salaries of those Panchayat Shikcha Mitras is quashed. The consequential orders issued by the Block Education Extension Officer, Katara dated 07.02.2008 asking the petitioner to show cause or otherwise, the matter will be referred to the District authority for taking appropriate action is also quashed. The respondents are directed to allow the petitioner to discharge her duties of Panchayat teacher in Primary school, Nawada Pokhar Block, Katara, Muzaffarpur. Respondents are further directed to pay arrears of salary to the petitioner and start making payment of current salaries. Compliance of the direction must be made within four weeks from the date of production/communication of the order. So far petitioner’s reinstatement is concerned, it should be allowed forthwith. This writ application is, accordingly, allowed. akv/ ( Mridula Mishra, J )