IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10335 of 2009 RAJESH KUMAR, SON OF SRI HARI SHANKAR YADAV, RESIDENT OF VILLAGE-MILKY, POST-GOVINDPUR, P.S. –MANSOORCHAK, DISTRICT-BEGUSARAI ……………………… PETITIONER. Versus 1. THE STATE OF BIHAR through Secretary , Department of Human Resources Development of Bihar, Patna. 2. The Director, Department of Primary Education, Govt of Bihar, Patna. 3. The District Magistrate, Begusarai. 4. The Deputy Development Commissioner, Begusarai. 5. The District Superintendent of Education, Begusarai. 6. The Block Development Officer, Mansoorchak, Begusarai. 7. The Block Education Extention Officer, Block-Mansoorchak, Begusarai. 8. The Mukhiya, Panchayat Raj Satha, block-Mansoorchak, Begusarai. 9. The Panchayat Secretary, Panchayat Satha , block-Mansoorchak, District-Begusarai. 10. The Headmaster, Newcreated, middle school-Chhabilapur, Block- Mansoorchak, District-Begusarai. ……………………………. Respondents. ----------- 2. 15.09.2009 Heard the counsel for the petitioner and the counsel appearing for the state. Petitioner was appointed as Prakhand teacher under the provisions of Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006. Petitioner’s appointment was 2 made on the basis of his Upshastri degree. By the impugned order as contained in Letter No. 11 dated 10.07.2009, issued by the Headmaster, Middle School , Chhabilapur, the petitioner has been terminated from his service on the ground that he did not have requisite qualification for appointment on the post of Prakhand Teachers. Requisite qualification under rule 2006 rules was intermediate or any equivalent degree. Petitioner’s case is that under 2006 rules, Upshastri Degree came within the category of equivalent degree of intermediate and considering that he was appointed on the post. Subsequently, letter No. 4240 dated 15.11.2007 was issued by the Human Resources Development Department, Govt of Bihar, Patna directing that persons holding Upshastri degree, if appointed, can be terminated as they are not entitled for payment on the post of primary/block teaches. Counsel for the petitioner submits that letter No. 4240 dated 15.11.2007 was duly considered by this court in C.W.J.C. No. 2456 of 2008 and analogous cases and it was held that the letter issued by the Human Resources Development Department, Govt of Bihar, Patna is contrary to 2006 rules and as per the rule, degree of Upshastri was considered equivalent on the basis of executive instruction, the eligibility criteria can change if the government is so eager, it can bring amendment in the rules and, thereafter, it can be directed that no one shall be appointed who possess Upshastri degree. Since under 2006 rules, there was no 3 such provision, as such appointment made on the basis of Upshastri degree was a valid appointment. It was also held that in case amendment is brought by the state in 2006 rules relating to qualification that can only be prospective and not retrospective. Since this issue has already been settled and the petitioner has been terminated from his post, on the basis of Government Circular, it has already been held illegal arbitrary by this court, termination order is also illegal, arbitrary and without jurisdiction. Accordingly, the termination order contained in letter No. 11 dated 10.09.2009 issued by the Headmaster, Middle School, Chhabilapur is, hereby, quashed. Respondents are directed to reinstate the petitioner w.e.f. the date of his termination with all consequential benefits. This writ application is allowed. AKV/ (Mridula Mishra, J.)