IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1964 of 2008 KRISHNA MOHAN S/O SRI JAY KRISHNA PRASAD GUPTA, R/O VILL. MANGARPAL NURAN, P.O.TARWAN,MANGARPAL,P.S. DARIYAPUR, DIST. SARAN(CHAPRA) --------- PETITIONER Versus 1. THE STATE OF BIHAR 2. THE SECRETARY-CUM-COMMISSIONER, HUMAN RESOURCES DEVELOPMENT, NEW SECRETARIATE, GOVT. OF BIHAR, PATNA. 3. THE DIRECTOR, PRIMARY EDUCATION, NEW SECRETARIATE, GOVT. OF BIHAR, PATNA. 4. THE DISTRICT MAGISTRATE-CUM-COLLECTOR, SARAN(CHAPRA). 5. THE DISTRICT EDUCATION OFFICER, SARAN(CHAPRA). 6. THE DISTRICT SUPERINTENDENT OF EDUCATION SARAN(CHAPRA). 7. THE BLOCK EDUCATION EXTENSION OFFICER, DARIYAPUR,SARAN (CHAPRA) 8. THE GRAM PANCHAYAT SECRETARY, GRAMPANCHAYAT RAJ MANPUR, DARIYAPUR, SARAN(CHAPRA). 9. THE MUKHIA, GRAMPANCHAYAT RAJ MANPUR DARIYAPUR SARAN (CHAPRA). 10. MR. SATENDRA KUMAR GUPTA S/O SRI RAMBACHCHAN SAH, GIRLS SCHOOL (PRIMARY) MANPURA, P.O. TARWAN MANGARPAL, SARAN (CHAPRA) ---------RESPONDENTS ----------- For the petitioner: Mr. Rajeshwar Prasad and Mr. Umesh Prasad, Advocates For the State:Mr. Dr. Kumar Amitesh, J.C.to G.A.XI. For respondent No.10: Mr. Mohendra Thakur, Advocate. 6 11.11.2008 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for respondent no.10. By impugned order contained in annexure-1 dated 30.04.2007 the representation of the petitioner has been rejected by the Director Primary Education, Government of Bihar by holding that applicants for the post of Panchayat/Block/ Municipal teachers who had secured intermediate in vocational courses could not be treated as equivalent to intermediate in general courses of studies and they would not be deemed eligible for appointment to the post of teachers. 2 A perusal of annexure-1 shows that although the Director accepted that intermediate in vocational courses is equivalent to intermediate in general courses but he held that such an intermediate degree in vocational courses would not make an applicant eligible for appointment to the post of teacher in the concerned schools. It is not in dispute that pursuant to the orders passed by this Court in some cases, the State Government in the Department of Human Resources has already issued an order dated 09.09.2008 in favour of case of the petitioner accepting that intermediate degree in vocational courses would be deemed valid for the purposes of appointment as Panchayat/ Prakhand/ Municipal teachers. In view of such decision by the State Government itself, the writ petition has become infructuous but in the facts of the case the impugned order contained in annexure-1 dated 30.04.2007 is quashed and the concerned respondent is directed to act as per Government decision dated 09.09.2008 of the concerned authority. The concerned authority must act as per aforesaid decision of the Government contained in memo no. 3335 dated 09.09.2008 within four weeks from the date of receipt/production of a copy of this order. The writ petition is allowed to the aforesaid extent. Sym ( Shiva Kirti Singh, J.)