IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17438 of 2009 1. VINOD KUMAR NIRALA S/O RAM PRASAD THAKUR R/O VILL.- MAIL, P.S. & BLOCK - BIDUPUR, DISTT.- VAISHALI AT HAJIPUR 2. KUMARI ANU W/O HARE RAM SINGH R/O VILL.- RAHIMAPUR, P.S. & BLOCK - BIDUPUR, DISTT.- VAISHALI AT HAJIPUR 3. ASGARI KAMAL W/O ASHRAF JAMAL R/O VILL.- MAIL, P.S. & BLOCK - BIDUPUR, DISTT.- VAISHALI AT HAJIPUR Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER-CUM-SECRETARY HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 3. THE DIRECTOR (PRIMARY EDUCATION) GOVT. OF BIHAR, PATNA 4. THE JOINT SECRETARY DEVELOPMENT OF HUMAN RESOURCES DEPTT., GOVT. OF BIHAR, PATNA 5. THE DISTRICT MAGISTRATE VAISHALI AT HAJIPUR 6. THE DY. DEVELOPMENT COMMISSIONER VAISHALI AT HAJIPUR 7. THE DISTRICT SUPERINTENDENT OF EDUCATION VAISHALI AT HAJIPUR 8. THE DISTRICT EDUCATION OFFICER VAISHALI AT HAJIPUR 9. THE BLOCK DEVELOPMENT OFFICER BIDUPUR, DISTT.- VAISHALI AT HAJIPUR 10. THE MUKHIYA OF GRAM PANCHAYAT MAIL ANCHAL BIDUPUR, VAISHALI AT HAJIPUR 11. THE PANCHAYAT SECRETARY OF GRAM PANCHAYAT MAIL ANCHAL AND P.S.- BIDUPUR, DISTT.- VAISHALI AT HAJIPUR 12. THE MUKHIYA, GRAM PANCHAYAT RAHIMAPUR P.S. & ANCHAL - BIDUPUR, DISTT.- VAISHALI AT HAJIPUR 13. THE PANCHAYAT SECRETARY GRAM PANCHAYAT RAHIMAPUR, P.S. & ANCHAL - BIDUPUR, DISTT.- VAISHALI AT HAJIPUR ----------- 2 8.4.2010 Heard counsel for the petitioners and the counsel appearing for the State. Petitioner was initially appointed on the post of Panchayat Shiksha Mitras having matriculation qualification. Subsequently when the qualification for being appointed on the post of Panchayat Shiksha Mitra was enhanced by the guidelines issued by the State 2 Government in the year 2004. Intermediate was made requisite qualification for appointment. Petitioners passed out their Intermediate Course in the Sessions 2002-2004, but result was published in the year 2006. Petitioners’ are apprehensive that the respondent authorities may remove them from their posts of Panchayat Teachers in the light of the order contained in letter no. 7/Ve-1-89/2000 Ma 2517 dated 4.7.2008 issued under the signature of Joint Secretary, Human Resources Development Department, Govt. of Bihar, Patna, whereby a direction has been issued that Panchayat Shiksha Mitra must acquire intermediate/equivalent degree within 33 months from the date of their initial appointments. Petitioners though appeared in the examination earlier, but result of Intermediate was published beyond 33 months period and for that reason, as submitted by the petitioners’ Counsel, continuous threats of termination are being enhanced to the petitioners by the respondent authorities. The issue relating to enhancement of qualification for acquiring Intermediate degree, beyond 3 33 months’ period has already been decided by this Court in CWJC No.3700 of 2009 (Indu Devi vs. State of Bihar & ors.). The case of the petitioners is fully covered by this decision. Their cases is similar to the case of petitioner in CWJC No. 3700 of 2009, whereby it has been held that the Government circulars directing that the Panchayat Shiksha Mitras’ must obtain requisite qualification of intermediate within 33 months’ of the date of their initial appointment as Shiksha Mitra, cannot be interpreted in terms of being a penal provision. Intention behind enhancement of qualification, by acquiring Intermediate degree, is to improve the standard and quality of knowledge of Panchayat Shiksha Mitras, already absorbed on the post of Panchayat Teachers. Enhancement of qualification was essential for improving standard of teaching in Primary Schools, which is the starting point of educational system. It is for the benefit of both i.e. the teachers and students. Intention behind these Government circulars in no case can be punitive and should not be used as a weapon to harass Panchayat Shikcha Mitras already absorbed as 4 teachers. Petitioners’ case is identical and fully covered by this judgment. Accordingly the respondents are directed to allow the petitioners to continue on their posts. Petitioners are entitled for salary and in case the salary is not being paid, the respondents must make payment of arrears of salary as well as current salary to the petitioners within four weeks from the date of production/communication of this order. The writ application stands allowed. (Mridula Mishra,J.) A.kumar