IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8979 of 2010 LALITA KUMARI W/O SRI AKHILESH YADAV R/O VILL JITAN CHHAPRA, P.O.RAJIPUR, P.S.RANITALAB, DISTT-PATNA Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, HUMAN RESOURCES DEPARTMENT PATNA 2. THE DEPUTY DEVELOPMENT COMMISSIONER PATNA 3. THE DISTRICT SUPERINTENDENT OF EDUCATION PATNA 4. THE BLOCK DEVELOPMENT OFFICER DULHIN BAZAR, PATNA 5. THE BLOCK EDUCATION EXTENSION OFFICER DULHIN BAZAR, PATNA 6. THE MUKHIYA DHANA NISARPURA GRAM PANCHAYAT P.S.DULHIN BAZAR, DISTT-PATNA 7. THE PANCHAYAT SECRETARY, DHANA NISARPURA GRAM PANCHAYAT P.S.DULHIN BAZAR, DISTT-PATNA 8. THE HEADMASTER , PRIMARY SCHOOL JITAN CHHAPRA, P.S. RANITALAB, DISTT-PATNA ----------- 02. 9.2.2011 Stand of the petitioner is that she has been orally asked not to function as a Panchayat Teacher by the Mukhiya as well as the Panchayat Secretary on the spacious ground that she did not complete or obtain intermediate degree within 33 months of her appointment as she was only a matriculate. According to the petitioner, no order as such has been passed but unnecessarily harassment is being caused leading to impediment in the functioning of the petitioner as a Panchayat teacher. Submission of the counsel for the petitioner is that the law on the subject has already been laid down in several cases as adjudicated by the High Court. One such decision has been annexed as Annexure-5 which was passed in a batch of writ applications of Dharamshila Sinha, which is CWJC No. 11224 of 2009 and analogous cases disposed of on 28.10.2009. The court had declared that appointment of a person cannot be terminated on the ground that the person has obtained intermediate 2 degree beyond 33 months period initially laid down by the State. That has been the consistent view in other matters as well. There are subsequent circulars issued by the State clarifying the position as well. If that be the position in law then the Court has no hesitation in declaring that the petitioner cannot be prevented from functioning as a Panchayat Teacher on the ground that she had obtained intermediate degree beyond the period of 33 months initially fixed by the State. Since that is the only ground on which petitioner has not been permitted to function then the writ application is disposed of with clear direction to respondent Nos. 6, 7 and 8, who are Mukhiya of the concerned Panchayat, the Panchayat Secretary and the Headmaster of Primary School, Jitan Chhapra that the petitioner would not be prevented from functioning as a Panchayat Teacher on that score. The writ application is allowed with above observation. rkp ( Ajay Kumar Tripathi, J.)