IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6767 of 2009 Kanchan Kumari, D/o Dina Nath Prasad, R/o Village- Sarwahada, P.O., P.S. and Anchal-Khijarsarai, District-Gaya. ….. Petitioner. Versus 1. The State Of Bihar 2. The District Magistrate, Gaya. 3. The D.S.E. Gaya, District-Gaya. 4. The Block Development Officer, Khijarsarai, Distt.-Gaya. 5. The Headmaster, Government Primary School, Khurdai Tola Anchal P.S.-Khijarsarai, District-Gaya. 6. The Panchayat Secretary, Gram Panchayat Raj Hemara, P.S.-Anchal Khinjarasarai, District-Gaya. 7. The Mukhiya Gram Panchayat Raj, Hemara P.S., Anchal Khinjarasarai, District-Gaya. 8. Dinesh Paswan, S/o Arjun Paswan Panchayat Teacher Primary School Koniya, P.S.-Anchal, Khinjarasarai, District-Gaya. ……. Respondents. For the petitioner : Mr. Vijay Kumar Sinha, Advocate. Mr. Rajiv Ranjan Sinha, Advocate. For the State : Mr. S.K.Mandal, S.C.-15. ----------- 04/ 21.01.2011 State has been granted repeated adjournments since 2009 to file counter affidavit, but it has not been filed. Issue in the present writ petition is whether the petitioner could be terminated at the dictate of the District Superintendent of Education on the ground that the petitioner was appointed as a Panchayat Teacher after so called cut off date on 30.11.2007. Petitioner has brought evidence on record to show that she was appointed on 5.10.2007 i.e. prior to the so called letter dated 08.11.2007 fixing 30th November, 2007 as the cut off date, but even otherwise the District Superintendent of Education has no business to go into the issues of appointment or continuance of a Panchayat Teacher. The removal or termination of the petitioner based on the direction contained in Annexure-3 is set aside. The - 2 - petitioner would be entitled to be reinstated and continue in service. Accordingly, this writ petition is allowed. Sujit (Ajay Kumar Tripathi, J.)