IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11679 of 2009 PRAMILA GUPTA, aged about 39 years, wife of Sri P.N. Gupta, resident of Mohalla – Chitra Nagar, Road No. 8, P.S. Sadar, District – Muzaffarpur. …. Petitioner. Versus 1. THE STATE OF BIHAR. 2. Principal Secretary, Department of Human Resources Development, Bihar, Patna. 3. District Magistrate, Muzaffarpur. 4. District Education Officer, Muzaffarpur. 5. District Superintendent of Education, Muzaffarpur. 6. Block Education Extension Officer, Musahari Block, Muzaffarpur. 7. Panchayat Secretary, Gram Panchayat Raj, Bhagwanpur, Muzaffarpur. 8. Mukhiya, Gram Panchayat Raj, Bhagwanpur, Block Musahari, District – Muzaffarpur. 9. District Teachers Appointment Appellate Tribunal, Muzaffarpur. …. Respondents. For the Petitioner : - Sri Mukesh Kr. Thakur, Advocate For the State : - Sri Bibhakar Tiwary, A.C. to G.P. 19. ----------- 02/ 07.11.2009 Heard counsel for the petitioner and counsel appearing for the State. Petitioner has challenged order dated 9.6.2008 contained in Letter No. 26 issued under the signatures of Mukhia and Panchayat Secretary of Gram Panchayat Raj, Bhagwanpur, Muzaffarpur, whereby petitioner’s appointment as trained Panchayat teacher has been cancelled with immediate effect. Petitioner has also prayed for quashing the order dated 19.8.2008 passed by the District Teachers Employment Appellate Tribunal in appeal preferred by the petitioner against the order cancelling her appointment. Appeal has also been rejected. - 2 - Petitioner was appointed as trained Panchayat teacher in the first phase of appointment under Bihar Panchayat Teachers Appointment and Service Conditions Rules, 2006. Petitioner has passed Vidya Vinodni degree in the Session 1987 and thereafter completed two years Teachers training in the Session 1989 – 91 from Government Teachers Training Institution, Dighi, Hajipur. She was appointed as Panchayat teacher in the first phase of teacher’s employment. Matriculation or equivalent degree with two years teachers training from a recognized government institution was considered as a valid qualification for appointment. Subsequently by the impugned order dated 9.6.2008 contained in Letter No. 26, her appointment has been cancelled on the ground that the degree of Vidya Vinodni is not a recognized degree. Counsel for the petitioner submits that Vidya Vinodni degree obtained by her from Prayag Mahila Vidyapith, Allahabad was a recognized degree till 1987 by the Bihar Government and the petitioner had passed in that very session till that date the degree was recognized. Counsel has placed reliance on an un-reported judgment of - 3 - this Court passed in C.W.J.C. No. 6266 of 2007 and C.W.J.C. No. 7846 of 2007 dated 26.6.2008, wherein it has been held that degrees issued from recognized institutions prior to 31.12.1987 cannot be invalidated subsequently if considering its recognition the person has been appointed. The order passed in C.W.J.C. No. 6266 of 2007 with 7846 of 2007 has been affirmed by the L.P.A. Bench in L.P.A. No. 297 of 2009. The L.P.A. Bench has held that degree being recognized by the government till 1987 and the same was treated as valid and recognized by the State Government, on account of its subsequent derecognition the order of termination of the service is illegal. I find that case of the petitioner is completely covered by the un-reported decision by the Single Judge as well as its confirmation by the L.P.A. Bench. Accordingly, the impugned order contained in Letter No. 26 dated 9.6.2008 issued under the signatures of the Mukhiya and Panchayat Secretary of Gram Panchayat Raj, Bhagwanpur, Muzaffarpur is quashed. The respondents are directed to reinstate the petitioner with all consequential benefits. DKS/ (Mridula Mishra, J.)