IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12256 of 2010 1. SHRAVAN KUMAR S/O SRI MUNAR PRASAD R/O VILL.- BASGARA, P.S. SRINAGAR, DISTT.- PATNA-------PETITIONER Versus 1. THE STATE OF BIHAR 2. THE DISTRICT TEACHER EMPLOYMENT APPELLATE AUTHORITY, PURNEA 3. THE SECRETARY TO GOVT. OF BIHAR null DEPARTMENT OF (PRIMARY AND ADULT EDUCATION) HUMAN RESOURCES DEVELOPMENT, BIHAR, PATNA 4. THE JOINT SECRETARY TO GOVT. OF BIHAR DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, BIHAR, PATNA 5. THE DIRECTOR OF PRIMARY EDUCATION DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, BIHAR, PATNA 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, PURNEA 7. THE BLOCK EDUCATION EXTENTION OFFICER, SRI NAGAR, DISTT.- PURNEA 8. THE HEADMASTER AT MIDDLE SCHOOL, KRISHNAPURI, P.S. SRINAGAR, DISTT.- PURNEA-----------RESPONDENTS ----------- 2 28.3.2011 Heard learned counsel for the parties. Annexure-4 is the order dated 22.9.2009 passed by the Member, District Teachers Employment Appellate Authority, Purnea. The appeal of the petitioner was rejected on the ground that the petitioner could not be continued on the post of Panchayat teacher as he had obtained the Intermediate Degree beyond the period of 33 months as laid down in the circular issued by the State of Bihar. The High Court in several other writ applications has already held that the appointment cannot be set aside on the ground that a person has obtained the Intermediate Degree beyond the period of 33 months and that cannot be made a ground for removal of a person from the post. This position stands reiterated to another decision including the case of Anu Kumari vrs. The State of Bihar & Ors. decided on 13.10.2009 in CWJC No. 10802 of 2009 along with one another case. Similar view was also taken - 2 - in CWJC No.3700 of 2009 which was the case of Indu Devi vrs. The State of Bihar & ors. The law being what it is, the decision of the tribunal is erroneous. The petitioner cannot be removed on the ground that he has obtained Intermediate Degree beyond a period of 33 months. The impugned order contained in annexure-4 is quashed. Petitioner is ordered to be reinstated on the post with all consequential benefits and shall continue to work on that post if there is no other legal impediment. This writ application is allowed with the above direction. RPS (Ajay Kumar Tripathi,J.)