IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10546 of 2009 RENU KUMARI, W/o Anil Kumar, resident of Govindpur, P.S.- Mansoorchak, District-Begusarai. ……..Petitioner. Versus 1. The State of Bihar through Secretary, Department of Human Resources, Government of Bihar, Patna. 2. The Director, Department of Primary Education, Government 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, District-Begusarai. 7. The Block Education Extension Officer, Block-Mansoorchak, District-Begusarai. 8. The Mukhiya Panchayat Raj Govindpur-I, Block-Mansoorchak, District-Begusarai. 9. The Panchayat Secretary Panchayat Govindpur-I, Block- Mansoorchak, District-Begusarai. 10. The Headmaster, Primary School Govindpur, Panchayat- Govindpur-I, Block-Mansoorchak, District-Begusarai. ----------- 2 06.10.2009 Heard counsel for the petitioner and the counsel appearing for the State. The prayer of the petitioner is for quashing the order contained in Letter No. 5 dated 10.07.2009 issued by the Headmaster of Primary School, New Created Middle School, Govindpur whereby the petitioner has been terminated from service of Prakhand Teacher in compliance of the direction issued by the District Educational Superintendent-cum-District Programmer, Bihar Shiksha Pariyojana, Begusarai. Petitioner’s case is that she was initially appointed as Shiksha Mitra, considering her matriculation qualification which was the valid and requisite qualification for being appointed on the post of Panchayat Shiksha Mitra. She continued on the post as 2 provided under Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rule 20(ii) she was absorbed on the post of Panchayat Teacher. Subsequently, she enhanced her qualification by completing Up-shastri degree which is an equivalent degree to the Intermediate since 2006 rules there was a provision that persons having intermediate or equivalent degree can be appointed as Panchayat/Prakhand Teacher, as such, petitioner was also absorbed and continued on the post of Prakhand Teacher. Subsequently, it seems that on the basis of some government guidelines the impugned order terminating petitioner’s service was issued by the Headmaster, Primary School, New created Middle School, Govindpur. Counsel for the petitioner submits that her case is squarely covered by different decisions of this Court, specially in C.W.J.C. No. 2456 of 2008 Ribha Rani Vs. The State of Bihar and others. In this decision it was held that appointments made under the provisions of Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006 considering the requisite qualification for appointment as provided under the rules cannot be terminated on the basis of government guidelines unless the rules are amended. It has also been held that the effect of such amendment will be perspective and the persons already appointed on the post on the basis of 2006 rules their Up-Shastri and Maulvi degree has been treated as equivalent degree to intermediate cannot be terminated from their services. On this ground they did not 3 possess requisite qualification, finding that the case of the petitioner is fully covered by the judgment of this Court in C.W.J.C. No. 2456 of 2008 Ribha Rani Vs. The State of Bihar and others. Petitioner’s prayer for quashing of Letter No.5 dated 10.07.2009 terminating her from service is quashed. The respondent Headmaster and other respondent who are connected with the appointment of petitioner are directed to reinstate the petitioner forthwith with all consequential benefits. Sanjeet/ (Mridula Mishra, J.)