IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8925 of 2008 SARSWATI KUMARI Versus THE STATE OF BIHAR & ORS ----------- 3 28.4.2009 Heard learned Counsel for the petitioner and the learned Counsel for the state. Despite the order dated 1.9.2008 granting four weeks time no counter affidavit has been filed till date. Learned Counsel for the petitioner submits that the petitioner was appointed as a Panchayat Teacher on basis of an Up- Shastri degree on 5.12.2006. The issue of termination for reason of the aforesaid qualification subsequently has been subject matter for consideration by this Court in CWJC No. 2456 of 2008 disposed on 20.11.2008. Petitioner is also entitled to the benefit of the same on the issue of law decided by this Court. Learned Counsel for the State submits that if the petitioner is covered by an issue of law decided by this Court, he may be entitled to similar treatment. The writ application stands disposed with the direction to the respondent to examine the claim of the petitioner in light of the decision of this Court in CWJC No. 2456 of 2008. If the respondents be satisfied that the case of the petitioner is covered by the same on an issue then he shall be entitled to similar treatment. The respondents shall not be inhibited in any manner while examining the claim of the petitioner in light of the aforesaid direction, and if the respondents be of the opinion that the petitioner is not entitled to the benefit of the - 2 - same on the issue they shall be required to decide by a reasoned and speaking order. Let the same be done expeditiously, preferably within a period of eight weeks from the date of receipt/production of a copy of this order. (Navin Sinha,J.) A.Kumar