IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8715 of 2009 ANITA DEVI @ ANITA KUMARI, W/o Sri Binod Kumar Singh, resident of village-Gapha Khurd, P.S.-Bodh-Gaya, District-Gaya. .....................Petitioner. Versus 1. The State of Bihar. 2. The District Magistrate, Gaya. 3. The District Superintendent of Education, Gaya. 4. The Block Development Officer, Body Gaya, District-Gaya. 5. The Panchayat Secretary of Gram Panchayat, Gapha Khurd, P.S.-Bodh- Gaya, District-Gaya. 6. The Mukhiya of Gram Panchayat Gapha Khurd, P.S.-Bodh Gaya, District-Gaya. ..............Respondents. ----------- For the petitioner: Mr. Rajendra Pd. Singh, Sr. Adv. Mr. Rajeev Kumar Singh, Adv. Mr. Onkar Kumar, Adv. Mr. Nawal Kishor Singh, Adv. For the State : Mr. Rajak Kumar No. I, G.P.-8. 3/ 19.04.2010 I.A. No. 3541 of 2010. Interlocutory application has been filed by the petitioner for disposal of the writ application, preferred by the petitioner in the light of orders passed by this Court in C.W.J.C. No. 3572 of 2007 (Sujata Devi @ Sujata Kumari Vrs. The State of Bihar @ Ors) and C.W.J.C. No. 4997 of 2008 (Sadhana Kumari Vrs. The State of Bihar & Ors.), vide order dated 07.07.2009. The earlier writ applications were disposed of in the light of the Resolution of the Human Resources Development Department, Government of Bihar, contained in Memo No. 2517 dated 04.07.2008. By this Resolution, direction was issued that even matriculate, selected as Panchayat Shiksha Mitra, securing less than 45% marks in the intermediate examination. 2 Even Panchayat Shiksha Mitra, securing leas than 45% marks in the intermediate will continue in service and, if, any such appointee has been terminated, on the ground that they have less than 45% marks in the intermediate examination they will be re-instated in service. Petitioner had also applied for the post of Panchayat Shiksha Mitra having qualification of intermediate but less than 45% marks. She was continuing on the post, but, subsequently, on account of the order issued by the District Superintendent of Education, Gaya, contained in Memo No. 10923 dated 17.12.2008, she was terminated from her service. A direction had also been issued to recover the amount paid to the petitioner as honorarium. The case of the petitioner is being disposed of in the light of the Resolution of the Human Resources Development Department dated 04.07.2008 contained in Memo No. 2517, which fully covers the case of the petitioner. There is specific direction to this Resolution to allow persons appointed on the post of Panchayat Shiksha Mitra having less than 45% marks to continue on post and in case of termination, to reinstate them. Accordingly, the order contained in Annexure-1 dated 17.12.2008 issued by the District Superintendent of Education, Gaya, and the consequential order dated 25.12.2008 contained in Letter No. 27 issued by Mukhiya, Gram Panchayat Raj Gapha Khurd, are quashed. 3 The respondents are directed to re-instate the petitioner on the post as per the direction of the State Government contained in Memo No. 2517 dated 04.07.2008 with all consequential benefits. The order of re-instatement must be issued within four weeks from the date of production/communication of the order. All payments must be made within four weeks from the date of her reinstatement. Sanjeet/ (Mridula Mishra, J.)