IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.122 OF 2010 1. UDAI TANTI S/O SRI GANESH TANTI R/O VILL-PADAMPUR, P.O- KAJIGANJ, P.S- KAHALGAON, DISTT- BHAGALPUR ………………………PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, PANCHAYATI RAJ, DEPTT. GOVT. OF BIHAR, PATNA 2. THE DISTRICT MAGISTRATE, BHAGALPUR 3. THE BLOCK DEVELOPMENT OFFICER, KAHALGAON, DISTT- BHAGALPUR 4. THE DISTRICT PANCHAYAT RAJ PADHADHIKARI, BHAGALPUR 5. THE SARPANCH, VILLAGE CUTCHARI, DHANAURA, KAHALGAON, DISTT- BHAGALPUR …………………………………………………………………………RESPONDENTS ********* 2 18/05/2010 By a common order as contained in Annexure-3, the petitioners Radha Kumari and Bulbul Sinha were terminated from the post of Gram Panchayat Kachahari Sachiv on the ground that they possess the Madhyama certificate whereas the qualification should be matriculation pass. Bulbul Sinha came to this Court vide CWJC No. 9650 of 2009 taking the ground that the Block Development Officer, Kahalgaon did not have the authority to pass the order terminating the services of the petitioners without giving her an opportunity to be heard. This Court directed Bulbul Sinha to file an appeal before the Collector of the district who was directed to condone the delay and pass an order in the light of the order of the Principal Secretary, Panchayati Raj Department dated 19.05.2009. Accordingly, Bulbul Sinha was reinstated as Kachahari Sachiv and treated her qualification as 2 Madhyama pass equivalent to matriculation pass. Learned Counsel for the State submits that in the light of the orders of this Court the Madhyama certificate has been treated to be matriculation pass. There has also been an amendment in the fcgkj xzke dpgjh lfpo (fu;kstu] lsok'krZ ,oa drZO;) fu;ekoyh] 2007 according to which rule 5 (d) (ii) has been amended and madhyama pass has been treated to be equivalent to matriculation pass. Paragraph 6 of Annexure-4 is also relevant and perhaps the Collector has taken into account paragraph 6 in reinstating Bulbul Sinha as the Secretary of the Gram Kachahari. Paragraph 6 reads as follows:- pwWafd dafMdk 4 ,oa 5 esa mfYyf[kr ;kfpdkdrkZ vkosndksa ds ekeys esa ljdkjh uhfr fnukad 11.1.1999 ds vkyksd esa e/;ek dks eSfVªd ds led{k ekurs gq, fopkj djus dk ekuuh; mPp U;k;ky; dk vkns’k izkIr gqvk gS] vr% ;g vkns’k fn;k tkrk gS fd vxj vkosndksa }kjk fnukad 31.01.2008 ds iwoZ lacaf/kr xzke dpgfj;ksa esa xzke dpgjh lfpo ds in ij fu;kstu gsrq lle; viuk vH;kosnu lefiZr fd;s gksa rFkk fu;ekoyh ds izko/kkuksa ds vuqlkj es/kklwfp esa ojh; gksa] rks ,sls ekeyksa esa iwoZ esa fd;s x;s fu;kstu dks jn~n djrs gq, buds fu;kstu gsrq vko’;d dkjjZokbZ lqfuf’pr djsaxs A Considering the aforesaid facts, the petitioner is directed to file an appeal before the Collector, Bhagalpur who will condone the delay and will pass an order within a period of one month of filing of the appeal 3 in accordance with the law and the observations made by this Court. This application is thus disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)