IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14591 of 2009 1. RAJEEV KUMAR S/O SRI FAGU DAS VILL.- TULSITOLA PAHARPUR, P.S. BALIA, DISTT.- BEGUSARAI Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA 2. SECRETARY PRIMARY AND ADULT EDUCATION BIHAR, PATNA 3. DISTRICT MAGISTRATE BEGUSARAI 4. S.D.O. BEGUSARAI 5. BLOCK DEVELOPMENT OFFICER BALIA BLOCK BEGUSARAI 6. DISTRICT SUPRITENDENT OF EDUCATION CUM DISTRICT PROGRAMME CO-ORDINATOR SARVA SIKSHA ABHIYAN, BEGUSARAI 7. BLOCK EDUCATION EXTENSION OFFICER BALIA BLOCK, BEGUSARAI 8. PANCHAYAT SACHIV PAHARPUR PANCHAYAT UNDER BALIA BLOCK, BEGUSARAI 9. PRINCIPAL PRIMARY SCHOOL, ASHARFI (BALIA), BEGUSARAI 10. SAVITA KUMARI W/O BAIKUNTH PASWAN R/O VILL.- PAHARPUR, P.S. BALIA, DISTT.- BEGUSARAI with CWJC No.14593 of 2009 1. BIPIN KUMAR MISHRA S/O SACHCHIDANAND MISHRA VILL.- CHAKOUR, P.S. MATIHANI, DISTT.- BEGUSARAI 2. JITENDRA KUMAR PASWAN S/O PRABHU PASWAN VILL.- CHAKOUR, P.S. MATIHANI, DISTT.- BEGUSARAI Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPTT. OF HUMAN RESOURCES, VIKASH BHAWAN, BIHAR, PATNA 2. DIRECTOR PRIMARY EDUCATION, VIKASH BHAWAN, BIHAR, PATNA 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, BEGUSARAI CUM DISTRICT PROGRAMME COORDINATOR BIHAR EDUCATION PROJECT, BEGUSARAI 4. BLOCK DEVELOPMENT OFFICER MATIHANI, DISTT.- BEGUSARAI 5. BLOCK EDUCATION OFFICER MATIHANI, DISTT.- BEGUSARAI 6. MUKHIYA PANCHAYAT SECRETARY, GRAM PANCHAYAT, KHORANPUR, MATIHANI, DISTT.- BEGUSARAI ----------- 2 8..2.2010 Heard counsel for the petitioners and the 2 counsel appearing for the State. Petitioners in both the writ applications were initially appointed on the post of Panchayat Teacher. They remained in service for three to four years and now have been terminated without even issuing any show cause to the petitioners. After terminating the petitioners in CWJC No. 14591 of 2009 private respondent no. 10 has been reappointed and similarly in other case also the person who was earlier to the petitioner working on the post have been reinstated. Initially, the post on which the petitioner has been appointed, the private respondents were working, but in view of 2004 Guidelines of the State Government relating to enhancement of qualification for appointment on the post of Shiksha Mitra, they were terminated either for the reasons that they did not have intermediate qualification, or less than 45% in the intermediate or they obtained intermediate qualification after expiry of 33 months. This issue was finally decided by the High Court in LPA No. 940 of 2007 and a direction had been issued to reinstate such Panchayat Shiksha Mitras/Teachers who have been removed from their posts on these grounds. The Government also thereafter came out with a resolution for 3 reinstatement of such terminated Panchayat Shiksha Mitra/Panchayat Teachers in the light of Judgement passed in L.P.A as well as the Government Resolution. Since the respondents were going to be reinstated on their posts, the petitioners have been terminated and private respondents who were earlier working on these posts have been reinstated. It is an admitted fact that the petitioners were appointed against the vacant posts, having requisite qualification and worked for more than three to four years on such posts. In the changed circumstance, even though the Panchayat Shiksha Mitra/Panchayat Teachers, who were earlier holding these posts, are now entitled for being reinstated on such posts, the claim of the petitioners cannot be ignored. Since they were validly appointed on such posts, it is for the respondents to find out ways and means to absorb the petitioners and retain them on their service. There is no fault of the petitioners, since they were never illegally appointed as such should not have been removed like this. In the similar circumstances, one CWJC No. 8754 of 2009 was disposed off by this Court giving liberty to the petitioners to approach the Appellate 4 Authority within two weeks, who will consider to absorb such terminated teachers against the existing vacancies. These two writ applications are also being disposed off in the light of giving similar direction. The petitioners should approach Appellate Forum within two weeks giving existing vacancies in such panchayats. The Appellate Forum will consider and decide such existing vacancies, preferably within one month or latest within three months from the date of filing such appeal by the petitioners. (Mridula Mishra,J.) A.Kumar