IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15089 of 2008 1. MANJU KUMARI, D/O SRI PARSH NATH SAHNI, R/O VILLAGE-MAHMADPUR ALAM, P.S.-MANIYARI, DISTRICT-MUZAFFARPUR, AT PRESENT POSTED AS BLOCK TEACHER AT THE UPGRADED MIDDLE SCHOOL, MATHNA MALICK BLOCK CHEHRA KALAN, DISTRICT- VAISHALI. 2. KUMARI SAVITA, D/O VIDYAPATI PASWAN, R/O VILLAGE LAKSHMIPUR, P.S.-SAKRA, DISTRICT- MUZAFFARPUR, AT PRESENT POSTED AS BLOCK TEACHER AT THE UPGRADED MIDDLE SCHOOL, MATHNA MALICK BLOCK CHEHRA KALAN, DISTRICT-VAISHALI. …………………PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMET OF BIHAR, PATNA. 2. THE DISTRICT MAGISTRATE, VAISHALI AT HAZIPUR. 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, VAISHALI AT HAZIPUR. 4. THE BLOCK DEVELOPMENT OFFICER, BLOCK CHEHRA KALAN, DISTRICT-VAISHALI. 5. THE BLOCK EDUCATION AND EXTENSION OFFICER, BLOCK CHEHRA KALAN, DISTRICT-HAZIPUR. ………………RESPONDENTS. ----------- 2 18.08.2010 Heard learned counsel for the petitioners. Inspite of repeated calls, no one appears for the State. In this writ application two petitioners have challenged show cause notices dated 22.08.2008 issued by the District Superintendent of Education, Vaishali, as contained in Annexure-4 series, by which they have been asked to show cause as to why their services be not terminated as the certificate produced by them from 2 Kameshwar Singh Darbhanga Sanskrit University, Darbhanga is not acceptable for appointment of Panchayat/Block Teachers. The petitioners have also prayed for quashing of memo no. 4240 dated 15.11.2007 issued under the signature of the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna, as contained in Annexure-5, by which it has been held that the degree of Upshastri shall not be treated as equivalent to Intermediate degree. Learned counsel for the petitioners places reliance on an order of this Court passed in CWJC No. 12456 of 2008 and submits that the said memo of the Principal Secretary has already been held as erroneous and in teeth of Rule 8 of the Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006. Therefore, no notice could be issued to the petitioners questioning their eligibility for appointment on the basis of said memo. He submits that after the respondents came to know about the said order of this Court, they have allowed the petitioners to work, but they are not being paid their salary. 3 As said earlier, inspite of repeated calls, no one appears for the State. The said order passed in CWJC No. 12456 of 2008 on 20.11.2008 shows that the notices issued to the petitioners of the case, pursuant to said memo of the Principal Secretary, were under challenged before this Court. After examining the provisions of the Rules, this Court held that equivalence granted to degree of Upshashtri by Rule 8 could not be nullified by executive instructions issued by the Principal Secretary. In the circumstances, the writ application was allowed and the order of the District Magistrate directing termination of services of the writ petitioners, who were appointed on the basis of equivalent degree of Sanskrit, was quashed. This Court finds the said judgment of the Court squarely applicable in the case of the present petitioners. Therefore, in absence of any opposition from the side of the respondents, the show cause notices issued to the petitioners, as contained in Annexure-4 series, are quashed. The respondents are 4 directed to continue the petitioners in service and pay their salary in accordance with law and if there is no other legal objection to their appointment and continuance. The salary of the petitioners should be resumed and continued to be paid within a period of two months from the date of receipt/production of a copy of this order. Arvind/ ( J. N. Singh, J.)