IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9259 of 2009 1. ASHOK KUMAR DAS, S/O BHUPTI CHANDRA DAS, RESIDENT OF VILLAGE MALLICKPUR, POLICE STATION +BLOCK AZAMNAGAR, DISTRICT-KATIHAR. 2. UTTAM PRASAD DAS, SON OF LATE RAJENDRA NATH DAS, RESIDENT OF VILLAGE-SAHJANA, POLICE STATION- AZAMNAGAR, DISTRICT-KATIHAR ….. ……..PETITIONERS Versus 1. THE STATE OF BIHAR 2. The Commissioner-cum-Secretary , Human Resources Development Department, Bihar, Patna. 3. The Director, (Primary Education), Government of Bihar, Patna. 4. The District Magistrate, Katihar. 5. The Deputy Development Commissioner, Katihar. 6. The District Superintendent of Education, Katihar. 7. The Block Development Officer , Azamnagar, Katihar. 8. The Block Education Officer, Azamnagar, Katihar. 9. The Mukhiya, Gram Panchayat Raj, Mallikpur Block and Police Station- Azamnagar, District-Katihar. 10. The Panchayat Secretary of Gram Panchayat, Mallikpur, Block and Police Station-Azamnagar, District- Katihar. 11. The Joint Secretary , Human Resources Development Department, Bihar, Patna …………… ……… Respondents. ----------- 2. 17.08.2009 Heard learned counsel for the petitioners and the counsel appearing for the state. Petitioners have prayed for quashing the order contained in Letter No. 7/ve-1-89/2000-2517 dated 04.07.2008 (Annexure-7) passed by the Joint Secretary , Human Resources Development Department, Bihar, Patna whereby a direction has been issued that only those Panchayat Shikcha Mitras initially appointed on the basis of matriculation qualification but subsequently, enhanced their educational qualification of intermediate within 33 months from the date of joining, cane be retained in service otherwise they will have to 2 be terminated from services. Case of petitioner No. 1 is that he was appointed on the post of Panchayat Shikcha Mitra on the basis of his Matriculation qualification vide Memo No. 03/031 dated 18.02.2003. Subsequently, he took his admission in the intermediate in the session 2004-2006 and passed his intermediate course in the year, 2007. Similarly, petitioner No. 2 appointed on the post of Panchayat Shikcha Mitra on 18.02.2004 as a Matriculate and subsequently, passed intermediate course in the year, 2004-2006. Initially, as per the guidelines for appointment on the post of Panchayat Shikcha Mitra, the requisite qualification was Matriculation. By Circular No. 1458 dated 11.08.2004, issued by Human Resources Development Department, Bihar, Patna , the requisite qualification for appointment on the post of Panchayat Shikcha Mitra was enhanced as intermediate with minimum 45 per cent of marks. Some of the Panchayat Shikcha Mitras, appointed on the Matriculation qualification were terminated from service as in the Government Circular No. 1458 dated 11.08.2004, there was no specific direction with regard to such Panchayat Shikcha Mitras who were appointed with Matriculation qualification. The writ application was dismissed, however, in L.P.A. No. 940 of 2007, it was held that candidates, who had acquired intermediate qualification within 33 months from the date of their selection/appointment with less than 45 per cent of 3 marks shall be treated properly appointed on the post of Panchayat Shikcha Mitra and will be absorbed as Panchayat teachers. In compliance of the direction issued in L.P.A. No. 940/07, the Government came out with Resolution No. 2517 dated 04.07.2008 whereby 33 months’ time was fixed for obtaining requisite qualification of intermediate from the date of first appointment on the post of Panchayat Shikcha Mitras. In case of the petitioners, they have already acquired intermediate qualification but they are going to be terminated from their services only for the reason that it was not within 33 months of their initial appointment. Same issue was raised by the petitioner, Indu Devi in C.W.J.C. No. 3700 of 2009 and this court on consideration of the entire material, has decided as follows: “ since the petitioner is now intermediate and possesses qualification for continuing in service as Primary teacher, simply because she passed her course on 20/09/2006 i.e. seven months later to the date on which she completed 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 education qualification and quality 4 of Panchayat Shikcha Mitras already absorbed on the post of Panchayat teachers. Enhancement of qualification was essential for improving standard of teaching in Primary schools which is the starting point of educational system. It is for the benefit of both i.e. the teachers and students. Intention behind these Government Circulars in no can be punitive and should not be used as a weapon to harass Panchayat Shikcha Mitras already absorbed as Teachers.” Case of the petitioners is fully covered by the decision of this court in C.W.J.C. No. 3700 of 2009. Accordingly, this writ application is being disposed of in terms of the order passed in the earlier writ application. Till date, no termination order has been issued against the petitioners. They are still working on their posts. The respondents are directed to allow the petitioners to continue on those posts and not to take any coercive action against them in compliance of Circular No. 2517 dated 04.07.2008 issued by Human Resources Development Department, Bihar, Patna. This writ application is allowed. akv/ ( Mridula Mishra, J )