IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3538 of 2008 NIVA KUMARI, Wife of Uma Kant Singh, resident of Village-Nauranga, P.S.-Maranchi, P.O.-Jalalpur, District-Patna. ……….Petitioner. Versus 1. The State of Bihar. 2. The Collector, Patna. 3. The District Superintendent of Education (D.S.E.), Patna. 4. The Block Development Officer, (B.D.O.), Mokamah, District-Patna. 5. Mukhiya, Nauranga Jalalpur Gram Panchayat, District-Patna. 6. Gram Sevak, Nauranga Jalalpur Gram Panchayat, District-Patna. ………..Respondents. ----------- 2/ 08.04.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner was initially appointed on the post of Panchayat Shisha Mitra and, subsequently, absorbed on the post of Panchayat Teacher with effect from 01.07.2006. She has been terminated from her service vide Letter No. 14 dated 15.10.2007 issued by the Mukhiya, Nauranga Jalalpur Gram Panchayat. The Mukhiya has issued the impugned letter, stating that the District Magistrate, Patna, vide his letter No. 971 dated 20.09.2007 has directed to terminate all such Panchayat Shiksha Mitra, who have not obtained intermediate degree with 45% marks by 01.08.2004, services of all such Panchayat Shiksha Mitra will be deemed to have been terminated and no payment of salary will be made to them. Counsel for the petitioner submits that the petitioner has enhanced her qualification from matric to intermediate but it was not within 33 months from the date of her initial appointment. - 2 - The similar matter has been considered and decided by the High Court in case of Indu Devi and Ors Vs. The State of Bihar and Ors, reported in 2010 (2) PLJR 247. In this decision, it has been held that 33 months’ time was fixed for obtaining intermediate degree not for the purposes of penalising the teachers but the object was positive. The only object behing this direction was that the teachers working at the initial level of education must enhance their qualification and knowledge. In case, for any reason, the degree is obtained beyond 33 months that cannot be a reason for termination. Considering the reported decision placed by the petitioner, the order contained in Memo No. 14 dated 15.10.2007 issued by Mukhiya, Gram Panchayat Raj Nauranga Jalalpur, is quashed. This application is allowed, directing the respondent No. 5 to re-instate the petitioner on the post of Panchayat Teacher in the same school, where she was earlier working. Petitioner will be entitled for all consequential benefits as she has remained out of her service on account of an illegal order passed by the respondents. Sanjeet/ (Mridula Mishra, J.)