IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10246 of 2009 NANHAK MOCHI Versus THE STATE OF BIHAR & ORS ----------- 2 11.9.2009 Heard Counsel for the petitioner and the Counsel appearing for the State. Petitioner was initially appointed as Panchayat Shiksha Mitra and subsequently he was absorbed on the post of Panchayat Teacher under the provisions of Rule 20 Sub Rule (3) of Bihar Panchayat Teachers (Appointment & Service Conditions) Rules, 2006. Petitioner was working as Assistant Teacher in Primary School, Nadpura in the district of Patna. He is aggrieved as by order contained in letter no. 17 dated 16.11.2007 issued by the Mukhiya, Gram Panchayat Dhanarua, Block and Police Station Dhanarua, in the district of Patna. He has been terminated from his service on the ground that the petitioner has obtained less than 45% marks in the Intermediate examination. For appointment on the post of Panchayat Shiksha - 2 - Mitra and absorption on the post of Panchayat Teacher the requisite qualification is Intermediate with 45% marks. Counsel for the petitioner submits that the ground for termination is non-existent as petitioner passed out Intermediate examination with more than 45% marks. In support of this contention, petitioner has annexed the mark- sheet as contained in Annexure 7 to the writ application. Considering the fact that termination order has been issued for non-existing ground, the impugned order contained in letter no.17 dated 16.11.2007 is quashed. This application is allowed. Respondent no.7 is directed to reinstate the petitioner forthwith on production/communication of this order with all consequential benefits and to allow the petitioner for discharging his duty in regular manner. (Mridula Mishra,J.) A.Kumar