IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12793 of 2008 1. ARCHANA KUMARI, D/O BISHWAMBHAR PATHAK, R/O KABIR NAGAR, SANHAULI, P.S.-KHAGARIA, DISTRICT-KHAGARIA. 2. PRAVEEN KUMAR, S/O RAM CHANDRA YADAV, R/O VILLAGE-KHAUR DIARA, P.S.-SAHEBPUR KAMAL, DISTRICT-BEGUSARAI. ……………PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. DISTRICT MAGISTRATE, BEGUSARAI. 4. DISTRICT SUPERINTENDENT OF EDUCATION, BEGUSARAI. 5. BLOCK EDUCATION EXTENSION OFFICER, SAHEBPUR KAMAL, DISTRICT-BEGUSARAI. 6. PANCHAYAT SECRETARY, GRAM PANCHAYAT, SANDALPUR, P.S.-SAHEBPUR KAMAL, DISTRICT- BEGUSARAI. 7. PANCHAYAT SECRETARY, GRAM PANCHAYAT RAGHUNATHPUR KARARI, P.S.-SAHEBPUR KAMAL, DISTRICT-BEGUSARAI. …………RESPONDENTS. ----------- 5 08.11.2011 The case of the petitioners is that they were appointed as Panchayat Teachers in 2007, vide Annexure-1 and 1/A. However, subsequently their services have been terminated, vide Annexure-4 and 5, on the ground that they were holding a degree of Intermediate from a vocational course. Learned counsel for the petitioners submits that this issue has been decided by a learned Single Judge of this Court in the case of Prakash Kumar Vs. The State of Bihar and Ors. [2008(3) PLJR 282]. He submits that this judgment has 2 been affirmed by the Division Bench also in L.P.A. He further submits that, subsequently, in view of the judgment of the Division Bench, the State Government has also issued a letter contained in memo no.4084 dated 08.12.2008, directing all the concerned to restore the services of the Panchayat Teachers who were terminated on the ground that they were holding a degree of Intermediate from a vocational course. Learned AAG-9 appears and informs this Court that he had repeatedly tried to seek instructions from the respondents in the matter in the light of the said judgment of the learned Single Judge and the judgment of the learned Division Bench. However, he has not received any instructions. In view of the said judgments of the learned Single Judge and the Division Bench, the question that the degree of Intermediate from vocational course is equivalent to Intermediate degree from a general course is no longer in dispute. The State Government has also clarified the same through its said letter contained in 3 memo no.4084 dated 08.12.2008. In the circumstances, this Court finds that the petitioners were illegally removed from service. The impugned Annexure-4 and 5 are therefore quashed. The respondents are directed to restore the services of the petitioners in the light of the said letter of the Department contained in memo no.4084 dated 08.12.2008 with all consequential benefits. The writ application is allowed with the aforesaid observations and directions. Arvind/ ( J.N. Singh, J.)