IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13296 of 2009 1. CHUNCHUN KUMARI W/O YOGENDRA RAM R/O VILL- MANSOORCHAK P.S- MANSOORCHAK, DISTT- BUGUSARAI, PANCHAYAT TEACHER (TERMINATED) IN PRIMARY SCHOOL BHAWANIPUR, PANCHAYAT MANSOORCHAK, BLOCK- MANSOORCHAK, DISTT- BEGUSARAI Versus 1. THE STATE OF BIHAR 2. PRINCIPAL SECRETARY HUMAN RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA 3. DIRECTOR PRIMARY EDUCATION, BIHAR, PATNA 4. DISTRICT SUPERINTENDENT OF EDUCUCATION BEGUSARAI 5. PRAKHAND VIKASH PADADHIKARI MANSOORCHAK, BEGUSARAI 6. PRAKHAND SHIKSHA PRASAR PADADHIKARI MANSOORCHAK, DISTT- BEGUSARAI 7. MUKHOYA GRAM PANCHAYAT RAN MANSOORCHAK, BLOCK- MANSOORCHAK, DISTT- BEGUSARAI 8. GRAM PANCHAYAT SECRETARY MANSOORCHAK AT MANSOORCHAK, BLOCK & DISTT- BEGUSARAI 9. HEADMASTER (INCHARGE) IN PRIMARY SCHOOL BHAWANIPUR AT MANSOORCHAK PANCHAYAT IN DISTT- BEGUSARAI ----------- 2 6.1.2010 Heard counsel for the petitioner and the Counsel appearing for the State. Petitioner’s grievance is that in pursuance of the executive direction issued by the Department of Human Resources Development Department, Government of Bihar, contained in letter No. 4240 dated 15.11.2007 she has been terminated from her service, for the reason that her initial appointment on the post of Panchayat Shiksha Mitra had been made considering her qualification of Up-shastri degree. Human Resources Development Department vide letter No. 4240 dated 15.11.2007 issued a 2 direction that the persons holding Up-Shastri degree are not entitled for appointment as Primary/Block teachers as it is not requisite qualification for being appointed on such posts. The requisite qualification for appointment as Primary/Block Teachers was Intermediate or equivalent degree as per 2006 Rules. Up-Shastri degree was considered as equivalent to Intermediate degree and considering that several appointments were made of such persons who possessed Up-Shastri degree. The issue relating to appointment of persons possessing Up-Shastri degree as per 2006 Rules has already been settled by this Court in CWJC No. 2456 of 2008 and analogous cases on the basis of the executive instruction, eligibility criteria for being appointed as Primary teachers cannot be amended. In this decision it has also been held that the Government if wants to change the criteria that can be done only by amending the rules with prospective date. Petitioner was appointed in the year 2003, much earlier to the date when rule was amended. Rule was amended in August, 2008. Even under amended rule, petitioner’s appointment could not have been cancelled, in pursuance of the direction contained in letter no. 4240 dated 15.11.2007 as it has already been quashed by this Court. 3 Accordingly, this application is allowed. The impugned order dated 11.6.2009 contained in memo no. 132 issued by the District Superintendent of Education, Begusarai as contained in Annexure-2 is quashed. Petitioner is directed to be reinstated on her post with immediate effect, giving all consequential benefits. (Mridula Mishra,J.) A.Kumar