IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10270 of 2009 JYOTI KUMARI, WIFE OF RAJESH KUMAR SAH, RESIDENT OF VILLAGE-ALAMCHAK, P.O. AND P.S. MANSURCHAK, DISTRICT-BEGUSARAI …….. PETITIONER. Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Begusarai. 3. The Principal Secretary, Human Resources Development Department, Govt of Bihar, Patna 4. The District Superintendent of Education, Begusarai. 5. The Block Education Extention Officer, Bachhwara, Begusarai. 6. The Mukhiya, Gram Panchayat Raj, Mansurchak, Begusarai. 7. The Panchayat Secretary, Gram Panchayat Raj, Mansurchak, Begusarai. …………………………. ……… Respondents. -With- CWJC No.10704 of 2009 VEENA KUMARI, DAUGHER OF MAHADEO SAH, RESIDENT OF VILLAGE-ALAMCHAK, WARD NO.-9, P.O. & P.S.- MANSURCHAK, DISTRICT-BEGUSARAI ………… PETITIONER. Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Begusarai. 3. The Principal Secretary, Human Resources Development Department, Govt of Bihar, Patna 4. The District Superintendent of Education, Begusarai. 5. The Block Education Extention Officer, Bachhwara, Mansurchak, Begusarai. 6. The Mukhiya, Gram Panchayat Raj Mansoorchak, Begusarai. 7. The Panchayat Secretary, Bahrampur Panchayat, Begusarai. …………. Respondents. ----------- 2. 11.09.2009 Heard the counsel for the petitioners and the counsel appearing for the state. Petitioners, in both these writ applications, were appointed as Panchayat teachers under the provisions of Bihar Panchayat Elementary Teachers (Appointment & Service Condition) Rules, 2006, considering their qualification of Upshastri degree. Upshastri degree was treated as qualification equivalent to intermediate degree, at the time of appointment of - 2 - Panchayat teachers under 2006 rules. Petitioners’ grievance is that they are not being allowed to discharge their duties by the concerned Mukhiya and Panchayat Secretary of their Gram Panchayat as District Superintendent of Education, Begusarai-cum- District Project Circle Officer-coordinator, Bihar Education Project, Begusarai has issued letter No. 829 dated 17.04.2009 informing as a guideline to all concerned that under 2008 rules, Upshastri degree and Maulvi degree has not been treated equivalent to intermediate degree, as such, persons appointed in the year, 2003, 2005 & 2008 having Upshastri degree, have no eligibility to be appointed on the post of Panchayat teachers and anyone appointed should not be allowed to continue on the post. Counsel for the petitioners submits that in compliance of the guideline dated 17.04.2009 issued by the District Superintendent of Education, Begusarai, they have been removed from their service even without issuing any termination letter/order. The issue for consideration in these writ applications, is whether the guideline issued by the District Superintendent of Education was a proper guideline in view of the judgment of this court passed in C.W.J.C. No. 12456 of 2008 and analogous cases (Ribha Rani & Others Vs The State of Bihar & Ors.). In this judgment, it has already been decided that since under 2006 rules, Upshastri degree was treated as equivalent to - 3 - intermediate degree and a proper qualification for being appointed on the post of Panchayat teachers, the teachers appointed having such qualification, cannot be removed from their services on the basis of any subsequent guidelines/circulars/resolutions of the Government unless the rule itself is amended. In case of amendment of the rules also, persons appointed under the previous rules, cannot be terminated as the Government’s guidelines/letters/resolutions as well as rules will have prospective effect unless specifically it is made retrospective so far rules are concerned. I fail to understand why the District Superintendent of Education working in the different districts as well as the Higher Authorities in the Education Department are purposely issuing such orders/letters even though they are in full knowledge of this fact that the High Court has already decided this issue. This cannot be termed as an ignorance rather it shows that purposely they are issuing such letters. Such action on the part of the authorities in the Education Department is being depricated. The respondents, District Superintendent of Education, Begusarai, the Block Education Extension Officer Bachhwara as well as Block Development Officer of concerned block and Mukhiya and Panchayat Secretary of Gram Panchayat Mansurchak, Begusarai are directed to recall any such order issued by them, so that in future, teachers who are - 4 - appointed, are not compelled to approach this court for quashing of such illegal orders. The Mukhiya and Panchayat Secretary of Gram Panchayat Mansurchak, Begusarai (respondents No. 6 & 7) are further directed to reinstate the petitioners on their posts forthwith with all consequential benefits. akv (Mridula Mishra, J.)