IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2090 of 2010 1. RAVI KUMAR S/O CHARITRA CHOUDHARY, R/O VILL- HASANPUR COUK, P.S TAGHRA, DISTT- BEGUSARIA Versus 1. THE STATE OF BIHAR THROUGH SECRETARY DEPARTMENT OF HUMAN RESOURCES GOVT. OF BIHAR, PATNA 2. THE DIRECTOR, DEPARTMENT OF PRIMARY EDUCATION GOVT. OF BIHAR PATNA 3. THE DISTRICT MAGISTRATE, BEGUSARAI 4. THE DISTRICT DEVELOPMENT COMMISSIONER, BEGUSARAI 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, BEGUSARIA 6. THE BLOCK DEVELOPMENT OFFICER, TEGHRA, DISTT- BEGUSARAI 7. THE BLOCK EDUCATION OFFICER, BLOCK TAGHRA, DISTT- BEGUSARAI 8. THE MUKHIYA PANCHAYAT RAJ GOURA-4 BLOCK- TEGHRA, DISTT- BEGUSARAI 9. THE PANCHAYAT SECRETARY PANCHAYAT GOURTS-4, null BLOCK-TEGHRA, DISTT- BEGUSARAI 10. THE HEADMASTER, PRIMARY SCHOOL VIRINDAWAN, BLOCK- TEGHRA, DISTT- BEGUSARAI with CWJC No.2468 of 2010 1. URMILA DEVI W/O MAHESH RAM R/O VILL- GOVINPUR, P.S- MANSOORCHAK, DISTT- BEGUSARAI Versus 1. THE STATE OF BIHAR THROUGH SECRETARY DEPARTMENT OF HUMAN RESOURCES GOVT. OF BIHAR, PATNA 2. THE DIRECTOR, DEPARTMENT OF PRIMARY EDUCATION GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, BEGUSARAI 4. THE DISTRICT DEVELOPMENT COMMISSIONER, BEGUSARAI 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, BEGUSARAI 6. THE BLOCK DEVELOPMENT OFFICER, MANSOORCHAK, DISTT- BEGUSARAI 7. THE BLOCK EDUCATION EXTENSION OFFICER, null BLOCK- MANSOORCHAK, DISTT- BEGUSARAI 8. THE MUKHIYA PANCHAYT RAJ GOVINDPUR-I BLOCK- MANSOORCHAK, DISTT- BEGUSARAI 9. THE PANCHAYAT SECRETARY, PANCHAYAT GOVINDPUR-I, BLOCK-MANSOORCHAK, DISTT- BEGUSARAI 10. THE HEAD MASTER, NEW CREATED MIDDLE SCHOOL, GOVINDPUR, MUSAHARI BLOCK- MANSOORCHAK, DISTT- BEGUSARAI - 2 - with CWJC No.2755 of 2010 1. REKHA DEVI D/O UMESH CHOUDHARY R/O HASANPUR, PO AND P.S- TEGHRA, PANCHAYAT-GOURA-4, BLOCK- TEGHRA, DISTT- BEGUSARAI Versus 1. THE STATE OF BIHAR THROUGH SECRETARY DEPARTMENT OF HUMAN RESOURCES GOVT. OF BIHAR, PATNA 2. THE DIRECTOR, DEPARTMENT OF PRIMARY EDUCATION GOVT.OF BIHAR,PATNA 3. THE DISTRICT MAGISTRATE, BEGUSARAI 4. THE DISTRICT DEVELOPMENT COMMISSIONER, null BEGUSARAI 5. THE DISTRICT SUPERNTENDENT OF EDUCATION CUM DISTRICT PROGRAMMER , BIHAR SIKSHA PARIYOJANA BEGUSARAI 6. THE BLOCK DEVELOPMENT OFFICER, TEGHRA, DISTT- BEGUSARAI 7. THE BLOCK EDUCATION OFFICER, BLOCK TEGHRA, DISTT- BEGUSARAI 8. THE MUKHIYA PANCHAYAT RAJ GOURA-4 BLOCK- TEGHRA, DISTT- BEGUSARAI 9. THE PANCHAYAT SECRETARY PANCHYAT GOURA-4 BLOCK TEGHRA, DISTT- BEGUSARAI 10. THE HEAD MASTER PRIMARY SCHOOL,VIRINDAWAN, TEGHRA, DISTT- BEGUSARAI with CWJC No.6646 of 2010 1. SMT. ANJANA KUMARI, W/O KISHORE KUMAR BHARTI, R/O VILLAGE-SANGRAMPUR,P.O+P.S. CHANAN, DISTRICT- LAKHISARAI. Versus 1. THE STATE OF BIHAR. 2. DISTRICT MAGISTRATE, LAKHISARAI, DISTRICT- LAKHISARAI. 3. DISTRICT EDUCATION OFFICER, LAKHISARAI. 4. SUB DIVISIONAL OFFICER, LAKHISARAI, DISTRICT- LAKHISARAI. 5. EXECUTIVE OFFICER CUM BLOCK DEVELOPMENT OFFICER , CHANAN,DISTRICT- LAKHISARAI. 6. BLOCK EDUCATION EXTENSION OFFICER CUM SECRETARY TEACHERS EMPLOYMENT COMMITTEE, CHANAN,DISTRICT- LAKHISARAI. 7. SURYADEV KUMAR, PRAMUKH, CHANAN PANCHAYAT SIMITTI CUM PRESIDENT TEACHERS EMPLOYMENT COMMITTEE, CHANAN, DISTRIC-LAKHISARAI. ----------- - 3 - 2 24.9.2010 The first three cases relate to Begusarai district where as the last case is from Lakhisarai district .In all four cases, the issue is the same. The petitioners were employed as Shiksha Mitra on basis of educational qualification of Up-shastri. Then they were subsequently absorbed as Panchayat Teachers but have recently been terminated on solitary ground that Up-shastri is not equivalent to Intermediate, which is the minimum educational qualification required for the post of Panchayat Teacher. In my view, issue is no more upon to debate. The same has been settled by several decisions of this Court under similar circumstances to begin with CWJC No.12456 of 2008 (Ribha Rani & ors – The State of Bihar & ors.) disposed of on 20.11.2008, CWJC No. 10546 of 2009, disposed of on 6.10.2009 as also in the case of Md.Abu Nasar Alam @ Md. Abu Nasar-v- the State of Bihar & ors. since reported in 2010(3)BBCJ 761 and several other cases. In that view of the matter, the impugned action of the respondent in terminating the services of the petitioners as Panchayat Teachers cannot be sustained .Those orders are quashed. The writ applications are allowed. It will be deemed that the petitioners continued in service un-interrupted for all purposes and intents. singh (Navaniti Prasad Singh,J)