IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11431 of 2010 1. KUMARI RITA SINGH W/O SRI BRAJESH KUMAR SINGH R/O VILL.- BHARKURIA GRAM PANCHAYAT BERKUP, BLOCK DEHARI P.O. & P.S. DARIHAT, DISTT.- ROHTAS (SASARAM) Versus 1. THE STATE OF BIHAR 2. THE SECRETARY DEPARTMENT OF PRIMARY & ADULT EDUCATION, GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, ROHTAS AT SASARAM 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, ROHTAS AT SASARAM 5. THE BLOCK DEVELOPMENT OFFICER, DEHARI, ROHTAS AT SASARAM 6. THE MEMBER, DISTRICT TEACHER NIYOJAN APPELLATE AUTHORITY, ROHTAS (SASARAM) 7. THE BLOCK EDUCATION EXTENSION OFFICER, DEHARI ROHTAS (SASARAM) 8. THE MUKHIYA CUM CHAIRMAN, SUKH SUVIDHA COMMITTEE, GRAM PANCHAYAT BERKUP BLOCK DEHARI DISTT.- ROHTAS (SASARAM) 9. THE PANCHAYAT SECRETARY, BERKUP GRAM PANCHAYAT, BLOCK DEHARI, DISTT.- ROHTAS (SASARAM) ----------- 02. 17.3.2011 Annexure-12 is the order passed by the District Teachers Employment Appellate Authority, Rohtas, by virtue of which the removal of the petitioner from the post of Panchayat Teacher has been held to be valid because the petitioner failed to acquire an intermediate degree within thirty three months of her appointment. Admitted position is that the petitioner was a matriculate at the time of her engagement as a Shiksha Mitra. Since the issue is no longer res integra and this matter has already travelled to this Court where by various decisions it has already been adjudicated that acquisition of intermediate degree even beyond 33 months is not going to be detrimental to the continuance of such appointees and even the State Government thereafter has issued circular in this regard. 2 Obviously the decision of the appellate authority, Rohtas is in teeth of judicial pronouncements. Attention of this Court has been drawn to the case of Indu Devi v. State of Bihar, which is CWJC No.3700 of 2009 disposed of 14.7.2009. Learned single Judge taking note of the decision rendered by a Division Bench in LPA No. 940 of 2007 as well as taking into consideration the circular No. 2517 dated 4.7.2008 of the State Government, has declared that no person appointed as such would be removed merely on the ground that the appointee has acquired intermediate degree beyond 33 months. Since that is the only ground on which petitioner was removed, which has been upheld by the appellate authority, the decision of the appellate authority is erroneous in law and the same is quashed. The writ application is allowed. The petitioner would be entitled to continue on the post. rkp (Ajay Kumar Tripathi,J.)