IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.358 of 2010 THE STASTE OF BIHAR THROUGH THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA. ………………… RESPONDENT – PETITIONER. Versus SUBHASH KUMAR, S/O SRI CHANDRADEO PASWAN RESIDENT OF VILLAGE JALPAR, P.O. + P.S. BLOCK PAKRIWARAWAN, DISTRICT NAWADAH, PRESENTLY WORKING AS PANCHAYAT TEACHER IN THE PRIMARY SCHOOL, GANGTI, BLOCK PAKRIWARAON, DISTRICT – NAWADAH. ………… PETITIONER-OPPOSITE PARTY. ----------- 02/ 19.01.2011 This review has been preferred by the Director, Primary Education against the order dated 22.01.2010 passed in C.W.J.C. No. 16700 of 2009. By the order passed in the writ application an order of termination issued against the petitioner was quashed and a direction was issued to the District Superintendent of Education, Nawada , concerned Mukhiya and the Panchayat Secretary to allow the petitioner to discharge his duties, make payment of arrears of salary and the current salary. This order was passed after giving proper opportunity to the respondents for filing counter affidavit and giving opportunity of hearing to them. When the order was communicated to the respondents they did not consider it proper to comply the direction of this Court, as such MJC No. 2641 of 2010 was preferred by the petitioner. By order dated 10.12.2010 the counsel appearing for the State was directed to convey the District 2 Superintendent of Education, Nawada and the Panchayat Secretary, Gram Panchayat Raj Ukaura to remain physically present in Court showing the reason for not complying the direction of this Court. Thereafter, on 20.12.2010 this civil review application has been filed taking a non-existing ground. The ground is that since no proper opportunity was given to the State-respondents for filing the counter affidavit and placing their case, as such an order could be passed in favour of the petitioner. It has also been stated that since the petitioner, who was matriculate at the time of his appointment as Panchayat Shiksha Mitra has enhanced his qualification as a regular student during his service period, without any permission from his employer, as such the enhancement of qualification was illegal. Petitioner, attended classes in college during duty hours as such he is not entitled for his salary. Only after seeking proper direction from the superior authorities an order of termination has been issued against the petitioner. On these grounds the State has filed this review application for reviewing the order passed in the writ application. The first ground regarding not allowing proper opportunity to the State is a non-existing ground. The 3 prayer of the petitioner regarding quashing of termination order was passed, placing reliance on the decision in Indu Devi Vs. The State of Bihar. So far enhancement of qualification as a regular student is concerned, a judicial order in this regard was passed by the Division Bench of this Court holding that any Panchayat Shiksha Mitra if enhances his/her qualification within 33 months of their initial appointment, they should not be terminated from the service. It was not specified, whether they should enhance their qualification as a regular student or private student. Simply an opportunity was given to the Shiksha Mitras having matriculation qualification for enhancement of their qualification. This ground is not at all sustainable for reviewing the order passed in the writ application. Considering all these facts, this Civil Review Application is dismissed. DKS/ (Mridula Mishra, J.)