IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3110 of 2007 Babita Sinha, D/o Sri Navin Prasad Singh, resident of village Pathain, P.O. Telia Nougain, P.S. Phullidumar, District Banka … Petitioner Versus 1. The State Of Bihar 2. Commissioner cum Secretary, Human Resources Development Department, Bihar, Patna 1 3. District Superintendent of Education, Banka 4. Block Education Extension Officer, Phullidumar, District Banka 5. Panchayat Niyojan Samiti, Telia Pahar Panchayat under Phullidumar Block, District Banka … Respondents ---------------------------------- 8. 16.8.2011 Having heard counsel for the parties and taking into account that the issue relating to recognition of qualification of Madhayama from Hindi Sahitya Sammelan, Allahabad for appointment on the post of Panchayat Shikshak has been settled by the Division Bench of this Court in the case of State of Bihar & ors. vs. Mamta Kumari & ors., reported in 2010(4) PLJR 318, laying down that such qualification in view of the judgment of the Apex Court in the case of State of Rajasthan vs. Lata Arun, reported in (2002) 6 SCC 252, was not fit to be taken into consideration, this Court will have no option but to hold that the appointment of the petitioner based on such qualification was wholly unsustainable either on fact or in law. That being so, this application is dismissed in the light of the observations and findings recorded in the case of Mamta Kumari (supra). Consequently the stay order passed by this Court on 9.5.2007 shall also stand vacated. Let a copy of this order be sent immediately to respondent no.3 to ensure immediate removal of the petitioner 2 from the post of Panchayat Shikshak on which she was continuing on the strength of the stay order. Nothing said in this order, however, shall come in the way of the petitioner to claim her fresh appointment on the post of Panchayat Shikshak if and when she would acquire the qualification laid down under Panchayat Shikshak Rules, 2006. (Mihir Kumar Jha,J.) Surendra/