IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3648 of 2009 Lalita Kumari, D/0.- Budheshwar Ram, R/o. village-Simaria, P.S.- Triveniganj, District-Supaul. .................Petitioner. Versus 1. The State of Bihar through the Principal Secretary, Department of Human Resources Development, Government of Bihar, Patna. 2. The Director, Department of Primary Education, Government of Bihar, Patna. 3. The District Magistrate, Supaul. 4. The District Superintendent of Education, Supaul. 5. The Block Development Officer, Triveniganj, District-Supaul. 6. The Block Education Extension Officer, Triveniganj, District- Supaul. 7. The Mukhiya, Gram Panchayat Raj-Simaria, Block- Triveniganj, District-Supaul. 8. The Panchayat Secretary, Gram Panchayat Raj – Simaria, Block-Triveniganj, District- Supaul. ....................... Respondents. ----------- 2/ 06.07.2009 Heard the counsel for the petitioner. This application has been filed for quashing the order contained in letter no.4240, dated 15.11.2007 whereby petitioner’s appointment as Panchayat Teacher has been cancelled on the ground that she did not had requisite qualification for appointment. Petitioner had passed Madhayma examination from Sanskrit Shiksha Board. Her appointment was made treating Madhayma degree equivalent to matriculation. Petitioner’s case is that she belonged to scheduled caste category and possessed Madhayama degree which is equivalent to matriculation. She was appointed as Panchayat Teacher with an undertaking that she will obtain the qualification of intermediate within prescribed period, her appointment was made as - 2 - no scheduled caste candidate having requisite qualification was available for appointment. Counsel for the petitioner submits there was provision under the 2006 recruitment rules, to appoint candidates having Madhayama degree under reserve category, if candidates having requisite qualification is not available on this condition that he/she will pass intermediate examination within prescribed period. Petitioner after her appointment has completed intermediate course and passed out successfully. The Principal Secretary, Department of Human Resources Development, Government of Bihar issued letter no. 4240 dated 15.11.2007 directing the subordinate authorities to terminate services of teachers appointed on the basis of qualification of Sanskrit. In the light of the direction of B..E.E.O. appointment of petitioner has been cancelled. Counsel for the petitioner submits that letter no. 4240 dated 15.11.2007 issued by the Principal Secretary, Department of Human Resources Development, Government of Bihar, has been quashed in C.W. J.C. No. 2456 of 2008 and its analogous cases. The ratio laid down by this Hon’ble Court in C.W.J.C. No. 2456 of 2008 and its analogous cases exactly covers the case of the petitioner. The Hon’ble High Court has held that the teachers who were appointed in the light of Recruitment Rules, 2006 cannot be disturbed on the basis of executive instruction brought later on. Since the petitioner was appointed prior to the issuance of Government letter bearing no. 4240 dated 15.11.2007 in compliance - 3 - of provision under the rules, she could not have been terminated from service, in the light of an executive order, having retrospective effect. Considering the fact that case of the petitioner is fully covered by the ratio laid down by this Court in C.W. J.C. No. 2456 of 2008 and analogous cases. The Block Development Extension Officer, the District Superintendent of Education, the Mukhiya Gram Panchayat Raj, Simaria and the Panchayat Secretary Gram Panchayat Raj, Simaria are directed to reinstate the petitioner, allow her to discharge duties as Panchayat Teacher in the school where she was working prior to cancellation of her appointment. Petitioner should be paid her dues of salary and current payment of salary should also resume. There is no need of quashing the letter no. 4240 dated 15.11.2007 (Annexure-6) as it has already been quashed by this Court in the earlier writ application. This application is allowed. Sanjeet/ (Mridula Mishra, J.)