IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.877 of 2010 JIWACHH LAL VISHWASH S/O NEBI LAL VISHWASH R/O VILL- BAKHARIA, P.O- KHOKSA, P.S-BAYASI, DISTT- PURNEA Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER/SECRETARY, HUMAN RESOURCES DEVELOPMENT, DEPARTMENT, BIHAR, PATNA 3. THE JOINT SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA 4. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA 5. THE DISTRICT MAGISTRATE, PURNEA 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, PURNEA 7. THE BLOCK DEVELOPMENT OFFICER, BAYASI BLOCK, PURNEA 8. THE BLOCK EDUCATION EXTENTION OFFICER BAYASI BLOCK, PURNEA 9. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ, KHUTIYA, BAYASI BLOCK- PURNEA 10. THE MUKHIYA, GRAM PANCHAYAT RAJ, KHUTIYA BAYASI BLOCK, PURNEA ----------- 2/ 19.05.2010 Petitioner’s prayer is for a direction to the respondents to continue him as Panchayat Teacher since he has already acquired intermediate qualification, which was a requisite qualification for being appointed as Panchayat Shiksha Mitra. Petitioner’s case is that initially on 05.04.2003 he was engaged as Panchayat Shiksha Mitra for eleven months. On expiry of eleven months period, on two occasions extension was given to the petitioner, each for eleven months. After coming into force of Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006, petitioner was absorbed on the post of Panchayat Teacher. But, subsequently, in the light of the Resolution of the Human Resources Development Department, Government of Bihar, contained in Memo No. 2517 dated 4.7.2008, the petitioner has been orally restrained from discharging the duties for the reason that he had improved his qualification as intermediate beyond 2 33 months time, as fixed by the State Government, vide its’ Resolution No. 2517 dated 4.7.2008. Counsel for the petitioner submits that in the similar manner the case of one Indu Devi was decided by this Court in C.W.J.C. No. 3700 of 2009, holding that 33 months time cannot be used by the respondent authorities for the purposes of harassment and penalizing Panchayat Shiksha Mitras, already absorbed as Panchayat Teacher. The only object and purpose for enhancing qualification from matriculation to intermediate was to improve the knowledge and quality of education of Panchayat Shiksha Mitras, who are teaching the children at initial stage of their educational system. It was also held that on account of enhancement of qualification beyond 33 months, termination order cannot be issued. This application is being disposed of directing the petitioner for filing representation before the Director, Primary Education, Bihar, Patna, within four weeks from today. The representation filed by the petitioner must be disposed of by the Director, Primary Education, Bihar, Patna, within four weeks from the date of its’ filing, in the light of the judgment and order passed in C.W.J.C. No. 3700 of 2009. Petitioner should be allowed similar relief, as it has been allowed in the case of petitioner in C.W.J.C. No. 3700 of 2009. Sanjeet/- (Mridula Mishra, J.)