IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12318 of 2008 SEEMA KUMARI, D/o Shri Raj Kishore Ojha, wife of Shri Ishwar Kumar Singh, resident of Village-Puchari, P.O.-Puchari, P.S.-Baniapur, District- Saran, at present posted and working as a Panchayat Teacher in Government Primary School Baraitha, Anchal-Baniapur-I, District-Saran. ………….Petitioner. Versus 1. The State of Bihar. 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The Director, Primary Education, Bihar, Patna. 4. The District Magistrate, Saran at Chapra. 5. The Deputy Development Commissioner-cum-Chairman, District Education Establishment Committee, Saran at Chapra. 6. The District Superintendent of Education, Saran at Chapra. 7. The Block Development Officer, Baniapur, Saran at Chapra. 8. The Block Education Extension Officer, Baniapur, District-Saran. 9. The Prakhand Pramukh, Baniapur Prakhand, District-Saran. 10. The Mukhiya, Gram Panchayat Raj Kanhauli Manohar, Block-Baniapur, District-Saran. 11. The Panchayat Secretary, Gram Panchayat Raj Kanhauli Manohar, Block- Baniapur, District-Saran. ………..Respondents. ----------- 2/ 01.04.2010 I.A. No. 2628 of 2010 and C.W.J.C. No. 12318 of 2008. Heard counsel for the petitioner and the counsel appearing for the State. This interlocutory application has been filed by the petitioner for disposing of the instant writ application in terms of order passed in C.W.J.C. No. 10245 of 2009 (July Kumari Vs. The State of Bihar and others). The prayer of the petitioner in this writ application is for quashing of the Advertisement No. 8796, published in daily newspaper Hindi Dainik Jagran, by a press communiqué dated 28.03.2007 issued by the Human Resources Development 2 Department, Government of Bihar, Patna, under the signature of Director, Primary Education, Bihar, Patna, directing the appointing authority to terminate the appointment of such primary school teachers, who were appointed on the basis of their degree obtained from Hindi Sahitya Sammelan, Allahabad. Petitioner has obtained Madhyama Visharad degree from Hindi Sahitya Sammellan, Allahabad, which was treated equivalent to intermediate. Further prayer is for quashing of Letter No. 885 issued by District Superintendent of Education, Saran at Chapra, dated 16.03.2007, directing the Block Development Officer, to terminate such Block Teachers/Panchayat Teachers, who have been selected on the basis of their certificates/degrees of Madhayama Visharad from Hindi Sahitya Sammellan Allahabad. Petitioner has also prayed for quashing of the consequential order, issued in this regard by the B.D.O. to the Mukhiya of Gram Panchayat Raj Kanhauli Manohar, terminating his service on the basis of Memo No. 17 dated 31.10.2007. Counsel for the petitioner submits that at the time of her appointment under 2006 rules, there was provision under the Rule providing eligibility criteria, wherein intermediate or equivalent degree was required for being appointed as Panchayat/Prakhand Teachers. So far the recognition or equivalence to intermediate, there was no direction of the Department of Personnel and Administrative Reforms, not to treat 3 such degrees as requisite degree for the purposes of appointment. Rather, all such degrees were recognized, treating equivalent and accordingly, appointments were made. Counsel for the petitioner has prayed that his case be also decided in terms of order passed in case of July Kumari, Vs. The State of Bihar and others, C.W.J.C. No. 10245/09 (Annexure-16). In the similar circumstance, the termination order of July Kumari was quashed and a direction issued for her re- instatement. Counsel for the petitioner submits that case of the present petitioner is identical to the case of July Kumari. In the counter affidavit filed by the State there is no statement that at the time of appointment under 2006 Rules, any order had been issued by the Department of Personnel and Administrative Reforms, relating to recognize the degree of Madhyama Visharad obtained from Hindi Sahitya Sammellan, Allahabad as a genuine degree for the purposes of appointment. Interlocutory application as well as the writ application is allowed. The impugned orders, as mentioned in Para 1 of the I.A., are quashed. The respondent is directed to re-instate the petitioner with all consequential benefits, within four weeks from the date of production/communication of the order. Sanjeet/ (Mridula Mishra, J.)