IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.456 of 2010 MADHURI KUMARI @ MADHURI DEVI W/O BIRENDRA THAKUR R/O VILL MOHRAMPUR, P.S. BIHTA, DISTT-PATNA. VERSUS 1. THE STATE OF BIHAR THROUGH THE DIRECTOR , PRIMARY EDUCATION BIHAR, PATNA 2. THE COLLECTOR PATNA 3. THE DISTRICT EDUCATION SUPERINTENDENT PATNA 4. THE DEPUTY DISTRICT EDUCATION SUPERINTENDENT PATNA 5. THE BLOCK DEVELOPMENT OFFICER BIHTA, PATNA 6. THE BLOCK EXTENSION OFFICER BIHTA, PATNA 7. THE HEADMASTER, KANYA PRIMARY SCHOOL DUMARI, BLOCK BIHTA, DISTT-PATNA 8. THE MUKHIYA , GRAM PANCHAYAT SIKANDARPUR, DISTT-PATNA. ----------- 03 19.11.2010 The petitioner was selected as Shiksha Mitra in the year 2003. His services were extended but then when the matter of third extension came it was not granted. As he was simply Matriculate and had not completed his Intermediate his services were accordingly dispensed with in the year 2006. Petitioner passed Intermediate examination and then requested the authorities to take him back in service. The authorities having not done so, the petitioner made representation. Not being successful there, petitioner has come to this Court. It is not disputed that recently in the year 2008 the State Government has taken a decision that all such persons whose services were dispensed with for not having attained Intermediate degrees but obtained then later and in view of the decision of this Court and in view of the decision of the Government, they were all to be reinstated. In my view, the petitioner has to be reinstated but there - 2 - are two problems which have to be solved before the same is done. Firstly, the selection committee of the Gram Panchayat would have to verify the correctness of the educational qualifications as being given by the petitioner. Thereafter, it would have to be seen where there is a vacancy still available for accommodating the petitioner or not. If both things are there in favour of the petitioner then within two months from today, the concerned Gram Panchayat shall ensure that petitioner is taken back and posted as Primary Panchayat Teacher to which post he would have migrated/matured. Had he continued in service he would be paid remuneration only for the period he has worked. Let it be noted that the learned counsel for the Mukhiya is present and has been heard. With these observations and directions, the writ petition is disposed of. Trivedi/ (Navaniti Prasad Singh, J.)