IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.683 of 2008 Kumari Asha,W/o Ghanshyam Choudhary R/o Bakhara Purani Bazar, P.S. Sariya, District Muzaffarpur, at present Dak Bunglow Road, New Colony, P.S. Bettiah Town, District West Champaran………………………………………………….Petitioner Versus 1. The State Of Bihar. 2. The Secretary of Secondary Education, Govt. of Bihar, Patna. 3. The District Superintendent of Education, Bettiah, West Champaran 4. Sub-Divisional Education Officer-cum- Member Secretary, Society preparation for panel Nagar Panchayat Teacher, West Champaran 5. The Executive Officer, Chanpatiya Nagar Panchayat, Chanpatiya…………….Respondents ----------- For the Petitioner: Mr. Dhananjay Kumar No.2, Advocate For the State: Mr. Shashi Shekhar Pd. Sinha, A.C. to G.P. 9 *** 2 30.08.2010 Heard learned counsel for the petitioner as well as learned counsel for the State. Petitioner was appointed as Nagar Shikshak in the secondary school under the control of Nagar Panchayat, Chanpattia in the district of West Champaran. Her appointment was provisional. Petitioner had obtained degree of Sahityalankar from Hindi Vidyapeeth, Deoghar. Respondents later on found that degree was not accepted as an equivalent to graduation. Therefore, notice was issued to 2 the petitioner as to why her appointment may not be cancelled on the ground of want of requisite qualification for the post against which petitioner had filed this writ application. During the pendency of the writ application, final orders were passed by the Executive Officer, Nagar Panchayat Chanpathia through its letter dated 23.2.2008 terminating her services. Accordingly, petitioner filed an Interlocutory Application bearing I.A. No.1769 of 2008 for amendment of the writ application and for grant of liberty to her to challenge the said order of termination. I.A. is allowed. Petitioner is permitted to challenge the said order of termination. From the said order of termination, annexed as Annexure-9, it appears that the petitioner was directed to produce the orders of this Court to establish equivalence of the degree of Sahityalankar with that of the graduation from any recognized University. Petitioner did not produce the evidence in time and, therefore, the order of termination was passed. 3 Learned counsel for the petitioner has produced certified copy of the order passed by a Division Bench of this Court on 17.11.2009 in CWJC No. 5129 of 2009 and CWJC No. 18039 of 2008. From the said judgment, it appears that this Court considered that Sahityalankar degree obtained from Hindi Vidyapeeth, Deoghar was being considered as equivalent to degree of graduation by the State Government for the purpose of appointment in the State Government as well as for admission in higher courses. This Court found that originally Rules provided for acceptance of only a graduate degree from a recognized University for appointment as teacher. Subsequently, by an amendment notification dated 26.02.2009 Rule 4 (Ka) (vii) was amended and the said requirement was expanded by providing that degree of Aalim granted by Bihar State Madarsa Shiksha Board and degree of Shastri granted by Kameshwar Singh Darbhanga Sanskrit University shall also be treated as equivalent to degree of graduation from any recognized University. The Division Bench did not find any justification for omitting the degree of Sahityalankar obtained from Hindi Vidyapeeth, 4 Deoghar from the said notification in the background of the fact that otherwise the said degree of Sahityalankar was recognized by the Government for all other purposes. Therefore, by reading down the said amendment, this Court held that the requirement of graduate degree from recognized University or any equivalent degree as per the said amendment shall also include degree of Sahityalankar obtained from Hindi Vidyapeeth, Deoghar and the same also stands included in Rule 4 (Ka) (vii) of the Bihar Nagar Nikay Madhyamik avam Uchhttar Madhyamik Shiksha (Niyojan awam Seva Sharten) Niyamawali, 2006. In view of this pronouncement by Division Bench, the writ application is allowed. The order of termination of the petitioner as contained in Annexure-9 is, therefore, quashed. Respondents-authorities of the Nagar Panchayat, Chanpatiya, are directed to reinstate the petitioner in service with all consequential benefits within a period of two months from the date of receipt/production of a copy of this order BT (J. N. Singh, J.)