IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16277 of 2009 1. SHAMSHIR ALAM S/O NOOR ALAM R/O VILL TETAHALI, P.S BARHARIA, AT PRESENT WORKING AS PANCHAYAT PRIMARY TEACHER IN PRIMARY SCHOOL, HARPUR, UNDER CIRCLE &P.S. BARHARIA, DISTT- SIWAN Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES GOVT. OF BIHAR, PATNA 2. THE DISTT. SUPERINTENDENT OF EDUCATION SIWAN AT SIWAN 3. THE BLOCK EDUCATION OFFICER BARHARIA, P.S. BARHARIA, DISTT- SIWAN ----------- For the petitioner: Mr. Suresh Prasad Singh No. 1 Mr. Vitesh Kumar Singh For the State : Mr. P.K. Verma, A.C. to S.C.-X 3. 14.01.2010 Heard the counsel for the petitioner and the counsel appearing for the state. Petitioner was selected for the post of Panchayat Shikcha Mitra on 29.03.2003 and joined on the post on 01.04.2003. The selection of the petitioner on the post of Panchayat Shikcha Mitra had been done as per the provision contained in Bihar State’s Resolution No. 1079 dated 20.06.2002. Requisite qualification for appointment on the post of Panchayat Shikcha Mitra as per the resolution dated 20.06.2002, was Matriculation. Subsequently, vide resolution No. 1456 dated 11.08.2004, the requisite minimum qualification for appointment on the post of Panchayat Shikcha Mitra was intermediate or its equivalent degree with minimum 45 per cent marks. Guidelines also provided that persons earlier engaged as Panchayat Shikcha Mitras having matriculation qualification should not be re-engaged on the post. However, guideline was challenged by such 2 Panchayat Shikcha Mitras who had intermediate qualification prior to coming into force of 2004 guidelines but had less than 45 per cent of marks. Finally, in L.P.A. No. 940/07, the issue was decided and the L.P.A. Bench held that Panchayat Shikcha Mitras who have intermediate qualification should not be terminated from their service. Subsequently, the State Government came out with resolution No. 2517 dated 04.07.2008 where it has been directed that only those Panchayat Shikcha Mitras, who have intermediate qualification even though less than 45 per cent marks will continue on their posts in case they have enhanced their qualification within 33 months of their initial appointment. The resolution of the State Government in the order passed in the L.P.A. No. 940/07 has been considered by this court in C.W.J.C. No. 3700 of 2009. It has been held and decided in the said writ application (C.W.J.C. No.3700/09) that “in case the qualification is enhanced beyond 33 months from the date of initial appointment, cannot be a ground for termination from service. Intention behind fixing time for acquiring enhanced qualification of intermediate must have been to improve educational qualification and knowledge capacity of Panchayat Shikcha Mitra, already absorbed on the post of Panchayat teachers. Enhancement of qualification was essential for improving standard of teaching in Primary School, which is the starting point of educational system. It is for the benefit of both; i.e. teachers and students. Intention behind these Government Circulars in no case can be punitive and should not be used as a 3 weapon to harass Panchayat Shikcha Mitras already absorbed as Teachers.” This writ application has been filed for a directing to the respondents to issue the admit card for appearing in the skill test (Dakchhata Parikcha) and also for quashing of the order dated 12.102.009 whereby he has been restrained from appearing in the skill test (DAKCHHTA PARIKCHA). By the impugned order, issuance of admit card has been withheld and not issued to the petitioner. The reason for withholding issuance of admit card and not allowing the petitioner to appear in skill test (DAKCHHATA PARIKCHA) is that he was initially appointed on the basis of Panchayat Shikcha Mitra with matriculation qualification. Subsequently, he appeared in Sahitya Bhushan Examination from Hindi Vidyapeeth, Deoghar for the session 2004-05 which is an equivalent degree to intermediate but the result of examination was published in the year, 2006 that is beyond 33 months from the date of initial appointment of the petitioner. The issue as stated above, has already been decided by this court even if the petitioner enhanced his qualification beyond 33 months that can not be a ground for treating him as not eligible for being retained in service on the post of Panchayat Shikcha Mitra on which he has been absorbed under the provision of Rule 2(3) of Bihar Pancnayat Teachers (Appointment & Service Conditions) Rule, 2006. Accordingly, the order dated 12.10.2009 refusing to 4 issue admit card to the petitioner is quashed. The respondents are directed to issue admit card in favour of the petitioner to allow him to appear in skill test (DAKCHHATA PARIKCHA) and also to retain him in service of Panchayat Teacher on which he is continuing in the light of the judgment passed in C.W.J.C. No. 3700 of 2009. The petitioner will continue on thje post as he has requisite qualification for continuing on the post. This writ application is allowed. AKV/ (Mridula Mishra, J.)