IN THE HIGH COURT OF JUDICATURE AT PATNA -------------- Letters Patent Appeal No.1088 of 2010 -------- Appeal against the Judgment and Order dated 10-5-2010 passed by a Bench of this Court in C.W.J.C. No. 5837/2008. ---------- Amarkant Madhukar son of sri Banarsi Pd.Singh, R/o Mohalla- Orlaha, P.S. Barhara Kothi, District- Purnea.......................... Appellant Versus 1.The State Of Bihar 2.The Secretary, Human Resources Development Department, Government of Bihar- Patna. 3.The Director, Primary Education, Govt. of Bihar, Patna. 4. The District Magistrate- Katihar 5.The District Superintendent of Education, Katihar 6.The Block Development Officer, Falka,Katihar 7. The Block Education Extension Officer, Falka, Katihar 8. The Mukhiya/Secretary, Gram Panchayat, Pir Mokam, Falka, Katihar 9. Bishal Anand Watsa, Son of Sri Dinesh Jha, resident of Village- Pir Mokam, P.S. Falka, District- Katihar....................... Respondents --------- For the appellant Mr.Ravi Bhushan Pd,Advocate For the State Mr.D.Choudhary,AC to AAG-13 For Respt-9 Mr.Rajeev Kr.Singh,Advocate & Mr. A.K.Singh,Advocate. -------- 2 8 2-12-2011 Heard the parties. The writ court allowed the writ petition preferred by the private respondent no.9 Bishal Anand Watsa and directed for his appointment on the concerned post of Panchayat teacher after removing the appellant from that post because of settled law that a person having Intermediate in vocational course, like the writ petitioner, would also be eligible for appointment to the post of Panchayat teacher. The writ court as well as this Court have no difficulty in appreciating the admitted position that writ petitioner ( respondent-9 herein) having 73.10 % marks in the Intermediate vocational examination, has superior claim to that of the appellant who had only 68.11% marks in Intermediate. Learned counsel for the appellant has referred to Rule-9 of the Bihar Panchayat Primary Teacher (Recruitment and Service Condition) Rules, 2006 (hereinafter referred to as `the Rules`) containing the procedure for preparation of panel. Initially appointments could be made out of candidates having only matriculation degree but with training in education. Now the minimum 3 eligibility criteria is Intermediate or equivalent degree. Additional marks are to be allotted to such candidates who have completed training in education. So far as appellant and respondent no.9 are concerned, both have Intermediate or equivalent degree without any training in education. According to learned counsel for the appellant, the marks obtained by the appellant in the matriculation examination should also be counted along with marks obtained at the Intermediate examination for preparing merit list. On the other hand, learned counsel for respondent no.-9 has referred to Rule-9 ( v ) for submitting that since none of the parties have training certificate, the merit has to be competed on the basis of marks obtained in the Intermediate Examination or marks of an equivalent decree and not of matriculation. On going through Rule-9, and particularly Sub- rule (v), we find that in the case of appellant and respondent no.9 the percentage of the marks obtained at the Intermediate Examination or equivalent examination is only to be counted and not the marks obtained at any other examination such as Matric or Higher Secondary. This is 4 evident from the words whereby “Matric/ Higher Secondary` and/ `Intermediate” have been mentioned in one category separated by stroke which is equivalent to the word “ or “. We have, thus, no difficulty in agreeing with the finding of the writ court that since the writ petitioner (respondent 9 herein) has higher marks in the Intermediate vocational degree, which is equivalent to Intermediate, he has a better claim for appointment. In fact, the appellant could get the appointment for some time only because initially Intermediate Vocational degree was denied equivalence till this Court intervened and settled the law. In the facts of the case, we find no merit in this appeal. It is accordingly dismissed. Naresh ( Shiva Kirti Singh, J.) ( Shivaji Pandey, J)