IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1576 of 2010 1. BIPLAB KUMAR DUTTA FS/O ANIL KUMAR DUTTA R/O VILL.- PORLA, BLOCK & P.S.- AZAMNAGAR, DISTT.- KATIHAR 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 KATIHAR 6. THE DEPUTY DEVELOPMENT COMMISSIONER KATIHAR 7. THE DISTRICT SUPERINTENDENT OF EDUCATION KATIHAR 8. THE BLOCK DEVELOPMENT OFFICER AZAMNAGAR, KATIHAR 9. THE BLOCK EDUCATION EXTENSION OFFICER AZAMNAGAR, KATIHAR 10. THE MUKHIYA OF GRAM PANCHAYAT RAJ JALKI BLOCK AND P.S.- AZAMNAGAR, DISTT.- PATNA 11. THE PANCHAYAT SECRETARY OF GRAM PANCHAYT RAJ JALKI, BLOCK AND P.S.- AZAMNAGAR, DISTT.- KATIHAR with CWJC No.6938 of 2010 1. JAGDISH PRAMANIK S/O LATE GUBAN THAKUR R/O VILL RAGHOPUR, P.S.&BLOCK AZAMNAGAR,DISTT- KATIHAR 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 KATIHAR 6. THE DEPUTY DEVELOPMENT COMMISSIONER KATIHAR 7. THE DISTRICT SUPERINTENDENT OF EDUCATION KATIHAR 8. THE DISTRICT EDUCATION OFFICER KATIHAR 9. THE BLOCK DEVELOPMENT BLOCK AZAMNAGAR, DISTT-KATIHAR 2 10. THE BLOCK EDUCATION OFFICER AZAMNAGAR, DISTT-KATIHAR 11. THE MUKHIYA OF GRAM PANCHAYAT RAJ AMARSINGHPUR, P.S.& BLOCK AZAMNAGAR, DISTT- KATIHAR 12. THE PANCHAYAT SECRETARY, OF GRAM PANCHAYAT RAJ AMARSINGHPUR, P.S.& BLOCK AZAMNAGAR, DISTT-KATIHAR ----------- 2 21.7.2010 Heard the parties. The two writ petitions are directed against the order by which petitioners, who were selected as Shiksha Mitra, have not been absorbed as Panchayat Teachers on the ground that they had not acquired intermediate qualification with 45% marks within the stipulated thirty three months. The question is no more to debate and is settled by a Division Bench of this Court wherein it has been held that acquiring qualification of intermediate in course of employment even though beyond thirty three months would be sufficient. Considering the aforesaid, it is held that the petitioners are entitled to continue and be absorbed as Panchayat Teachers, subject to verification of the facts that they had passed intermediate examination though beyond thirty three months. In case it is found that they have passed intermediate examination then they would be permitted to continue and consequently be absorbed as Panchayat Teachers. With the aforesaid observations and directions, the writ petitions are disposed of. singh ( Navaniti Prasad Singh, J.)