IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15954 of 2008 Sushila Kumari, D/o Arjun Sah, resident of village-Sisauni, P.S.- Dandari, District-Begusarai. ……..Petitioner. Versus 1. The State of Bihar. 2. The Principal Secretary, Department of Human Resources Development, Govt. of Bihar, Patna. 3. The District Magistrate, Begusarai. 4. The District Superintendent of Education, Begusarai. 5. The Block Development Officer, Nawkothi, Begusarai. 6. The Block Education Extension Officer, Nawkothi, Begusarai. 7. The Principal, Utkramit Middle School, Saidpur, Vishnupur, Nawkothi, Begusarai. ……….Respondents. ----------- 2/ 10.11.2009 Heard counsel for the petitioner and the State. Petitioner has prayed for quashing the order contained in Letter No. 2871 dated 2.9.2008 issued by the Block Education Extension Officer, Nawkothi, Begusarai whereby the Principal of Utkramit Middle School, Saidpur, Vishnupur was directed to terminate the petitioner from the post of Block Teacher in the light of a direction contained in Letter No. 4240 dated 15.11.2007 issued by the Principal Secretary, Human Resources Development Department, Government of Bihar. Further prayer is for quashing the order dated 5.9.2008 issued by the Principal of the concerned school contained in Letter No. 06, terminating the petitioner from the post of Panchayat Teacher with effect from the date of the issuance of the order. The prayer of the petitioner is to re-instate her on the post with all consequential benefits. The petitioner was appointed considering her qualification of Up-shastri degree, the appointment was made under 2006 rules. But, subsequently, the Human Resources 2 Development Department vide Letter No. 4240 dated 15.11.2007 issued a direction that persons appointed on the basis of Up- Shastri degree should be terminated from the post of Panchayat Teachers. Though, Up-Shastri degree was considered equivalent degree of Intermediate, but in the light of the order of the Principal Secretary, Human Resources Development Department, a direction was issued by the Block Education Extension Officer to the Principal of the school for terminating services of teachers having Up-Shastri qualification. The principal of Utkramit Middle School in compliance of the direction relieved the petitioner from his service. The issue relating to Up-Shastri degree and appointment on the post of Panchayat Teacher treating it equivalent to Intermediate degree has been decided by this Court in C.W.J.C. No. 2456 of 2008 and analogous cases (Ribha Rani and others Vs. State of Bihar and others). It has been held that that if the appointment was made, considering Up-shashtri degree equivalent to Intermediate as per the rule, on the basis of subsequent executive direction/orders same cannot be treated as illegal appointment. The impugned order, terminating petitioner’s service contained in letter No. 06 dated 5.9.2008 and the direction of the Block Education Extension Officer contained in Memo No. 2871 dated 2.9.2008 are quashed. This application is allowed with a direction to the Block 3 Education Extension Officer as well as the Mukhiya and Panchayat Secretary of the concerned Gram Panchayat to re- instate the petitioner on the post of Block Teacher in Utkramit Middle School, Saidpur, with all consequential benefits. Sanjeet/ (Mridula Mishra, J.)