IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12287 of 2009 SANJU DEVI . Versus THE STATE OF BIHAR & ANR . ----------- 2 30.11.2009 Heard Counsel for the petitioner and the counsel appearing for the State. Petitioner was appointed on the post of Panchayat Teacher on 18.12.2006 and joined in Primary School, Nawabganj in Teghra block. She continued to discharge her duty since 24.6.2009. A letter was issued by the Incharge Headmaster of the Primary School, Nawabganj restraining the petitioner to discharge his duty, on the ground that her appointment was made considering the Up-Shashtri degree obtained from Kameshwar Singh Darbhanga Sanskrit University, Darbhanga. The Up- Shashtri degree is not the requisite qualification for appointment on the post of Panchayat Teacher, as such she cannot continue on the post. The issue relating to appointment on the post of Prakhand/Panchayat Teacher on the basis of Up-Shashtri degree has already been decided by this Court in CWJC No. 12456 of 2008 and analogous cases( Ribha Rani and others vs. State of Bihar & ors). Up-Shashtri degree is equivalent to Intermediate degree and any appointment made under 2006 Rules, on consideration of such degree, cannot be considered as illegal appointment. In this view of the matter, the Respondent Incharge 2 Headmaster of the concerned School or any other authority relating to Panchayats’ Teachers appointment cannot restrain the petitioner from discharing her duty on the post of Panchayat Teacher. Accordingly, this application is being allowed directing the Incharge Headmater of the Primary School, Nawabganj to allow the petitioner to continue on her post, discharge her duty, sign the attendance register and on account of petitioner’s continuation, his arrears of salary as well as current salary on month –to- month basis should be paid to the petitioner with all other consequential benefits. Accordingly, the writ application stands allowed. (Mridula Mishra,J.) A.kumar