IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17586 of 2009 1. BRIJ KUMARI PANDEY, W/O SRI OM PRAKASH PANDEY R/O VILL PACHBENIYA, P.S.DARAULI, DISTT-SIWAN 2. KUMARI NILAM RAWAT, W/O SANTOSH CHOUDHARY R/O VILL AMARPUR BARAULI TOLA, P.S.DARAULI, DISTT-SIWAN 3. VINOD KUMAR PRAJAPATI S/O SRI BRAJ KUMAR PRAJAPATI R/O VILL KEWATALIYA, P.S.DARAULI, DISTT-SIWAN 4. GOVIND HARIJAN S/O LATE HARINANDAN HARIJAN R/O VILL AMARPUR, P.S.BARAULI, DISTT-SIWAN Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, H.R.D. DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVERNMENT OF BIHAR, PATNA 4. THE DISTRICT MAGISTRATE SIWAN 5. THE DISTRICT SUPERINTENDENT OF EDUCATION SIWAN 6. THE BLOCK EDUCATION EXTENSION OFFICER DARUALI BLOCK, SIWAN 7. THE MUKHIYA DARAULI GRAM PANCHAYAT, DARUALI BLOCK, DISTT-SIWAN 8. THE PANCHAYAT SECRETARY, DARAULI GRAM PANCHAYAT, DARAULI BLOCK, DISTT-SIWAN ----------- 2/ 12.04.2010 Heard counsel for the petitioners and the counsel appearing for the State. Petitioners’ prayer is for quashing of the part of the Memo No. 1915 dated 01.10.2009 issued by the District Superintendent of Education, Siwan, whereby a direction has been issued to the Panchayat Secertarys and Mukhiyas of different Gram Panchayats to terminate services of those Panchayat Teachers, who were appointed in the year 2005, having less than 45% marks in the intermediate. In this letter, there is specific direction that after issuing show cause notice to such appointed teachers, termination order be issued. Till date, no show cause has been issued to the petitioners in the light of impugned letter and no termination letter has been issued. I do not find that petitioners have any cause of action for maintaining this writ application. Simply, apprehension will not give - 2 - a cause of action for filing such writ application, specially in this background that in the year 2008, the Department of Human Resources and Family Welfare itself has taken a Resolution that the persons appointed, having less than 45 % marks in intermediate will be retained in service and in case already terminated be re-instated in service. This application is dismissed. Sanjeet/ (Mridula Mishra, J.)