IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12607 of 2008 MEENA KUMARI, Wife of Shri Chandu Ram, resident of village and P.O.- Mansoorchak, P.S.-Mansoorchak, District-Begusarai, at present posted and working as a Panchayat Teacher in Govt. Middle School, Bhikhamchak, Anchal-Bachhawara, District-Begusarai. ……….Petitioner. Versus 1. The State of Bihar. 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The Director, Primary Education, Bihar, Patna. 4. The District Magistrate, Begusarai. 5. The Deputy Development Commissioner-Cum-Chairman, the District Education Establishment Committee, Begusarai. 6. The District Superintendent of Education, Begusarai. 7. The Block Development Officer, Bachhawara, District-Begusarai. 8. the Block Education Extension Officer, Bachhawara, District-Begusarai. 9. The Prakhand Pramukh Bachhawara Prakhand, District-Begusarai. 10. The Headmaster-Cum-Drawing and Disbursing Officer, Govt. Middle School Bhikhamchak, Anchal-Bachhawara, District-Begusarai. …………..Respondents. ----------- 02/ 20.04.2010 I.A. No.3461 of 2010. Heard counsel for the petitioner and the counsel appearing for the State. Petitioner has prayed for quashing of the order contained in Memo No. 4240 dated 15.11.2007 issued under the signature of Principal Secretary, Human Resources Development Department, Government of Bihar, Patna, whereby a direction was issued to all concerned that the persons having degree in vocational course and Up-Shastri degree, are not eligible for their selection as teachers. Since, in the elementary schools Sanskrit is not being taught as a subject and teachers having vocational degree also cannot teach the students. Further prayer of the petitioner is for quashing of the consequential order contained in - 2 - Memo No. 1519 dated 16.06.2008 issued by the District Superintendent of Education-cum-District Programme Co- ordinator, Begusarai and also the order contained in Memo No. 694 dated 07.07.2008 issued by the Block Education Extension Officer, informing the petitioner that he has been terminated from the service. These orders have been challenged by the petitioner on the ground that without any notice to show cause and without assigning him any opportunity, he has been terminated from the post. Counsel for the petitioner submits that issue relating to appointment of any person having qualification of Up-shastri from Kameshwar Singh Sanskrit University, Darbhanga, treating it as equivalent to intermediate, has already been considered by this Court in a decision reported in 2009 (2) PLJR 867. In this judgment, considering the relevant rules under Bihar Primary Teachers (Appointment and Service Conditions) Rules, 2006, it has been held that the requisite qualification for appointment on the post of Panchayat Teacher/Prakhand Teacher, as per the Rule was intermediate or equivalent degree, since Up-shastri degree from Kameshwar Singh Sanskrit University is recognized as equivalent to intermediate, as such, appointment made on the basis of this qualification cannot be held to be an appointment in violation of the rules. Petitioner’s case is fully covered by this decision, - 3 - accordingly, the impugned orders contained in Annexures-8, 9 & 10 are quashed. The writ application as well as interlocutory application is allowed. The respondents are directed to re-instate the petitioner on the post, in the same school, where she was working, with all consequential benefits. The order of re-instatement must be issued within two weeks from the date of production/communication of the order and the consequential benefits be paid within four weeks, thereafter. Sanjeet/ (Mridula Mishra, J.)