IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12400 of 2011 Md.Rijwanul Haque son of Shamsul Haque of village Binalpur, P.O+P.S. Teghra, District-Begusarai, Terminated Shiksha Mitra in Urdu Primary School Binalpur in Teghra Block of Begusarai District Versus 1. The State Of Bihar through Principal Secretary, Human Resources Development Department, Bihar, Patna. 2. The Member District Teachers Employment Appellate Tribunal, Begusarai. 3. District Magistrate, Begusarai. 4. District Education Officer, Begusarai. 5. Block Education Extension Officer, Teghra, Begusarai. 6. Block Development Officer, Teghra, Begusarai. 7. Mukhiya Gram Panchayat Raj, Adharpur in Teghra Block District-Begusarai. 8. Panchayat Secretary, Gram Panchayat Raj, Adharpur, Teghu Block, District-Begusarai. 9. Headmaster Primary Urdu School Binalpur Teghra, Begusarai. ------------- 2. 05.08.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Learned counsel for the petitioner submits that he had been duly appointed as Panchayat Shiksha Mitra by the Gram Panchayat Raj, Adharpur, Teghra Block, District- Begusarai in 2003 by the competent selection committee and pursuant to the same, he was issued appointment letter dated 19.04.2003. He submits that he joined at Urdu Primary School, Binalpur and was teaching satisfactorily but in 2004 he was terminated by order of the Mukhiya only on the ground that he does not possess 45% marks in his Matric examination. He 2 further submits that in view of the decision by the State Government pursuant to order passed in L.P.A. dated 12.2.2008, the State Government has come out with a resolution contained in Memo No. 2517 Patna, dated 4.7.2008 in which it is provided that such persons who had been removed from the post of such teachers on the ground that they did not possess 45 % marks in their intermediate qualification and had been thus removed would stand reinstated on the post of Panchayat Shikshak with retrospective effect. Learned counsel submits that on the basis of the said resolution of the State Government he moved before the District Teachers Employment Appellate Tribunal, Begusarai in Case No. 123 of 2010 but the same has been dismissed only on the ground that it had been filed after long delay. Learned counsel draws the attention of this Court to an order passed by the Panchayat Secretary, Gram Panchayat, Adharpur in the District of Begusarai dated 10.09.2009 by which a similarly situated person who had also been removed from service in the year 2003-04 has been reinstated pursuant to such resolution of the State Government. Learned counsel for the petitioner submits that the ground taken by the appellate authority in rejecting the appeal is not reasonable and also not sustainable in the eyes of law. 3 After hearing the parties this Court feels the submission made by the learned counsel for the petitioner are well founded. Accordingly the appellate order dated 23.12.2010 is set aside and the matter is remitted to the concerned authority to consider his case in accordance with the resolution of the State Government dated 4.7.2008 in accordance with law and the consequential letter no. 268 dated 10.6.2009 issued by the Block Education Officer, Teghra. The concerned respondents shall also take into consideration the fact that similarly situated persons have been given relief in the District of Begusarai itself and thus the petitioner shall not be discriminated against. Let the said exercise pursuant to this order be completed within a maximum period of two months from the date of receipt/production of a copy of this order on the concerned authority. With the above observations and directions the writ petition stands allowed. Anand Kr. (Ahsanuddin Amanullah, J.)