IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3601 of 2010 1. SMT.NEETA KUMARI D/O LATE LUXMAN THAKUR,W/O SHRI SHASHI MOHAN THAKUR R/O VILL SHADIPUR BHUTAHA,P.O.BAYASI,PANCHAYAT- SHADIPUR BHUTAHA,P.S.BAYASI,TOWN &DISTT- PURNIA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY-CUM-COMMISSIONER ,HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVT.OF BIHAR,NEW SECRETARIAT,PATNA 2. THE SECRETARY,PRIMARY EDUCATION GOVT.OF BIHAR,NEW SECRETARIAT, PATNA 3. THE DIRECTOR ,PRIMARY EDUCATION GOVT.OF BIHAR,NEW SECRETARIAT,PATNA 4. THE DISTRICT EDUCATION SUPERINTENDENT - CUM-DISTRICT PROGRAMME COORDINATOR PURNIA,KALI BARI ROAD,BHATTA BAZAR,PURNIA 5. THE RANGE EDUCATION OFFICER BANMANKHI ,PURNIA 6. THE BLOCK EDUCATION EXTENSION OFFICER BAYASI,PURNIA 7. THE MUKHIYA ,GRAM PANCHAYAT SHADIPUR BHUTAHA,BLOCK-BAYASI,PURNIA 8. THE PANCHAYAT SECRETARY,GRAM PANCHAYAT SHADIPUR BHUTHA,BLOCK-BAYASI,PURNIA 9. THE PRINCIPAL ,MIDDLE SCHOOL SHADIPUR BHUTHA,BLOCK BAYASI,DISTT-PURNIA ----------- 2 14/12/2010 The ground for termination of the petitioner from the post of Shiksha Mitra, now Panchayat Shikshak, was her non-passing of Intermediate examination within 33 months of such appointment. Termination order is annexure-10 to the writ application and is dated 30.06.2006. - 2 - Submission of the learned counsel for the petitioner is that similar matter has already been considered by this Court and taking into consideration resolution no. 2517 dated 4.7.2008 the High Court has categorically held that no termination can be effected on the ground of non passing of Intermediate examination within a time frame. If the petitioner had passed examination that was good enough for her continuance. In this regard a decision rendered in the case of Indu Devi Vs. State of Bihar and others (C.W.J.C. No. 3700 of 2009) disposed of on 14.07.2009 has been annexed as Annexure-12 to this writ application. Keeping the legal position which has been decided by the Court in similar circumstance, annexure- 10 is hereby quashed. This writ application is allowed. Let petitioner be put back to the post in question forthwith. AMIN/ (Ajay Kumar Tripathi, J.)