IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.843 of 2010 BIPIN KUMAR S/O JUGESHWAR PRASAD R/O VILL.- GOAI CHAK, P.S.- NAUKATPUR, DISTT.- PATNA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY HUMAN RESOURCE DEPTT. BIHAR, PATNA 2. THE DISTRICT MAGISTRATE, PATNA 3. THE SUB-DIVISIONAL OFFICER, DANAPUR 4. THE BLOCK DEVELOPMENT OFFICER, NAUBATPUR, PATNA 5. THE MUKHIYA KARANJA GRAM PANCHAYAT UNDER NAUBATPUR BLOCK IN THE DISTRICT- PATNA 6. THE PANCHAYAT SEVEK @ PANCHAYAT SECRETARY, KARANJA GOAI GRAMPANCHAYAT NAUBATPUR, PATNA ----------- 2/ 19.05.2010 Counsel for the petitioner is permitted to implead Director, Primary Education, as respondent No. 7. Heard counsel for the petitioner and the counsel appearing for the State. Petitioner was initially appointed as Panchayat Shiksha Mitra in Karanja Gram Panchayat, Anchal Naubatpur, Patna, for eleven months period in the year 2003-2004. This period was extended for further eleven months and continued up to May, 2005. In the year, 2004 the government came out with a guideline/circular, whereby the qualification for being appointed as Panchayat Shiksha Mitra was enhanced from matriculation to intermediate with 45 % marks and persons having lesser qualification were not re-engaged. The engagement of the petitioner was not further extended, in the light of amended guideline. The decision of the government for not extending 2 the period of engagement, of Siksha Mitras due to enhancement of qualification was challenged by filing writ application and finally in L.P.A. No. 940 of 2007, the decision of the government was quashed. In the light of the judgment and order passed in L.P.A., the government also came out with a resolution, whereby 33 months time was fixed for enhancement of qualification, with effect from the date of appointment, such Panchayat Shiksha Mitra, who enhanced their qualification within 33 months of their initial appointment, were directed to be re-instated on their posts or in case continuing on the post were allowed to continue. Counsel for the petitioner submits that in the year 2006, the petitioner took admission as a regular student and passed intermediate in the year 2008, thereafter, he applied for joining in the same school but that was not accepted. This application is being disposed of, directing the petitioner to represent his case before the Director, Primary Education, who will consider petitioner’s case in the light of the judgment and order passed in Indu Devi Vs. The State of Bihar and Ors.(C.W.J.C. No. 3700 of 2009). In this judgment the government’s circular as well as the order passed in L.P.A. No. 940 of 2007 has been considered and it has been held that 33 months time for enhancement of qualification has not been fixed for penalizing the person appointed as 3 Panchayat Shiksha Mitra, but the objective behind this resolution was to give incentive for improving educational qualification and quality of education at the initial level of education system. The Director, Primary Education, Government of Bihar, will consider the representation filed by the petitioner and dispose it of within four weeks from the date of its filing, in the light of the judgment and order passed in C.W.J.C. No. 3700 of 2009 (Indu Devi Vs. The State of Bihar and Ors). Sanjeet (Mridula Mishra, J.)