IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3857 of 2009 1. SUBODH KUMAR PATHAK, SON OF LATE RAM AYODHYA PATHAK, RESIDENT OF VILLAGE – PAREWA, P.O. KAPUR PAKRI, POLICE STATION – SHIKARGANJ, DISTRICT – EAST CHAMPARAN, AT PRESENT WORKING AS A PRAKHAND TEACHER IN THE MIDDLE SCHOOL, PAREWA, PANCHAYAT PAREWA, ANCHAL-CHIRAIYA, DISTRICT – EAST CHAMPARAN. 2. ARVIND TIWARY SON OF SHRI BASHISTH TIWARY, RESIDENT OF VILLAGE AND P.O. DHANAUJI, POLICE STATION – PAKARIDAYAL, DISTRICT – EAST CHAMPARAN, AT PRESENT WORKING AS A PRAKHAND TEACHER IN MIDDLE SCHOOL HARNATHPUR, PANCHAYAT DHANAUJI, ANCHAL PAKARIDAYAL, DISTRICT – EAST CHAMPARAN. 3. OM PRAKASH TIWARY SON OF LATE VISHWANATH TIWARY, RESIDENT OF VILLAGE – SANTPUR PARSAUNI, P.O. BASTHA, POLICE STATION MAINATAND, DISTRICT WEST-CHAMARAN, AT PRESENT WORKING AS A PRAKHAND TEACHER IN GOVT. UPGRADED MIDDLE SCHOOL KANANA, ANCHAL – RAXAUL, DISTRICT – EAST CHAMPARAN. 4. RAJ KUMAR PRASAD SON OF SHRI RAM CHANDRIKA PRASAD, RESIDENT OF VILLAGE – VISHNU PURWA, P.O. JITPUR, POLICE STATION – CHHAURANDANO, DISTRICT – EAST CHAMPARAN, AT PRESENT WORKING AS A PRAKHAND TEACHER IN GOVT. PRIMARY SCHOOL GANGAPUR PALANAWA, PANCHAYAT PALANAWA JOGDHAR, ANCHAL – RAXAUL, DISTRICT – EAST CHAMPARAN. 5. SANJAY KUMAR SON OF SRI RAMNATH PRASAD YADAV, RESIDENT OF VILLAGE – VISHNUPURWA, P.O. JITPUR, POLICE STATION – CHHAURADANO, DISTRICT – EAST CHAMPARAN, AT PRESENT WORKING AS A PANCHAYAT TEACHER IN NEWLY CREATED SCHOOL GADHAL, ANCHAL CHHAURADANO DISTRICT – EAST CHAMPARAN. ………………….. PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNEMNT OF BIHAR, PATNA. 3. THE PRINCIPAL SECRETARY, PERSONNEL AND ADMINISTRATIVE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE DI STRICT MAGISTRATE, EAST CHAMPARAN AT MOTIHARI. 5. THE DISTRICT EDUCATION OFFICER, EAST CHAMPARAN AT MOTIHARI. 6. THE DISTRICT SUPERINTENDENT OF EDUCATION CUM DISTRICT PROGRAMME CO-ORDINATOR, EAST CHAMPARAN AT MOTIHARI. 7. THE BLOCK DEVELOPMENT OFFICER, CHIRAIYA BLOCK, EAST CHAMPARAN. 8. THE BLOCK DEVELOPMENT OFFICER, PAKARIDAYAL, BLOCK, DISTRICT – EAST CHAMPARAN. 9. THE BLOCK DEVELOPMENT OFFICER CUM EXECUTIVE OFFICER, BLOCK TEACHER APPOINTMENT COMMITTEE, RAXAUL, DISTRICT – EAST CHAMPARAN. 10. THE BLOCK DEVELOPMENT OFFICER, CHHAURADANO BLOCK, DISTRICT – EAST CHAMPARAN. 11. THE BLOCK EDUCATION EXTENSION OFFICER, CHIARAIYA BLOCK, DISTRICT – EAST CHAMPARAN. 12. THE BLOCK EDUCATION EXTENSION OFFICER, PAKARIDAYAL BLOCK, DISTRICT – EAST CHAMPARAN. 2 13. THE BLOCK EDUCATION EXTENSION OFFICER, RAXAUL BLOCK, DISTRICT – EAST CHAMPARAN. 14. THE BLOCK EDUCATION EXTENSION OFFICER, CHHAURADANO BLOCK DISTRICT – EAST CHAMPARAN. 15. THE MUKHIYA, GRAM PANCHAYAT RAJ PALANWA JAGDHAR, RAXAUL BLOCK, DISTRICT- EAST CHAMPARAN. 16. THE MUKHIYA GRAM PANCHAYAT RAJ KUDARKAT, CHHAURANDANO BLOCK, DISTRICT EAST CHAMPARAN. 17. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ PALANWA, JAGDHAR, RAXAUL BLOCK, DISTRICT – EAST CHAMPARAN. 18. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ KUDARKAT, CHHAURADANO BLOCK, DISTRICT – EAST CHAMPARAN. …………. RESPONDENTS. ----------- 02/ 07.07.2011 Heard counsel for the petitioners and counsel appearing for the State. Petitioners 1, 2, 3, 4 and 5 have passed Up- Shashtri examination from Kameshwar Singh Darbhanga Sanskrit University, Darbhanga. Prior to that they have passed their Madhyama. Madhya degree is equivalent to Matriculation. Up-Shashtri degree is equivalent to Intermediate. Petitioners 1 and 2 were initiated appointed as Shiksha Mitra and subsequently they observed as Prakhand teacher as provided under 2006 Rules. Petitioner No. 3 was appointed as Prakhand teacher and petitioners 4 and 5 as Panchayat teachers. They were working on their post, but on account of letter No. 4240 dated 15.11.2007 issued by the Principal Secretary, Human Resources 3 Development Department they apprehended their termination from the post of Prakhand/Panchayat teachers. Prayer of the petitioners is for quashing of letter No. 4240 dated 15.11.2007 as well as letter No. 2951 dated 11.12.2007 issued by the District Superintendent of Education, East Champaran, directing to cancel the appointment of all Prakhand/Panchayat teachers who possessed Up- Shashtri degree in vocational course. Petitioners have also prayed for a direction to the respondents to allow them to continue on their posts, making payment of their salary and restraining them from putting any obstacles for working the petitioners as Prakhand/Panchayat teachers in their respective schools. Letter issued by the Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna bearing letter No. 4240 dated 15.11.2007 was earlier challenged in C.W.J.C. No. 12456 of 2008 (Nibha Rani and others Vs. The State of Bihar and others), whereby decision of the Principal Secretary, 4 Human Resources Development Department was communicated to all District Magistrates that persons having degree of Maulavi and Up-Shashtri as well as other vocational degrees equivalent to Intermediate will not be entitled for their appointment on the general post of teachers under 2006 Rules. In this very decision it was held that since under 2006 Rules provided eligibility criteria for being appointed on the post of Panchayat/Prakhand teachers were requisite qualifications as provided under 2006 Rules Madhya is equivalent to Matriculation as well as Intermediate and its equivalent degree is Up-Shashtri and Maulavi, which is a recognized degree equivalent to Intermediate. Since the requisite qualification as provided under 2006 Rules includes for appointing any one on the post of Panchayat/Prakhand teacher any change in the eligibility criteria as laid down in the rule can be changed only by amendment in the rule on the basis of an Executive posts, which is eligibility criteria as laid down under Rule, no change would have been brought. Considering this letter No. 4240 dated 15.11.2007 was 5 held to be completely irrelevant and contradictions of the Rules. Counsel for the petitioners submits that in the light of decision in the case of Nibha Rani and others Vs. The State of Bihar and others, the District Superintendent of Education cum District Programme Co-ordinator cannot issue any order cancelling the appointment of petitioners, who possesses Up-Shashtri degree, which is equivalent to Intermediate. Considering the fact that this issue has already been settled and letter No. 4240 dated 15.11.2007 issued by the Principal Secretary, Human Resources Development Deparmtnet is held contrary to the rules, there is no ground for District Superintendent of Education cum District Programme Co-ordinator for cancelling petitioners’ appointment in the light of letter issued by the Principal Secretary. Petitioners will still working on their posts, they will continue and will receive their salary on month to month current basis. This application is allowed. DKS/ (Mridula Mishra, J. )