IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10782 of 2009 KAMESHWAR BAITHA Versus THE STATE OF BIHAR & ORS ----------- 2 27.10.2009 Heard Counsel for the petitioner and the counsel appearing for the State. Petitioner has prayed for quashing the order of termination contained in letter No. 10 dated 22.6.2009 issued by the Panchayat Secretary of the Betaha Panchayat. Admitted fact of this case is that initially one Madan Paswan was appointed as Panchayat Teacher on the same post on which subsequently the petitioner was appointed. Madan Paswan was terminated from the service on the ground that his vocational qualification was bad as this qualification was not equivalent to Intermediate qualification. The authority was of the view that Intermediate qualification in a vocational course is different from regular Intermediate qualification and the persons having such qualification were not eligible for appointment under Panchayat Primary Teachers (Appointment and service Conditions) Rules, 2006. Madan Paswan challenged his termination order by filing CWJC No. 10203 of 2007. The writ application was allowed and his termination order was quashed. The writ - 2 - application which was heard alongwith other writ application was decided in the light of the issue decided in CWJC No. 10203 of 2007. On account of quashing of the termination order Madan Paswan naturally became entitled for reinstatement on his post. However the authorities had already appointed petitioner against the vacancy created on account of termination of Madan Paswan. The reinstatement of Madan Paswan affected the petitioner and he was terminated from his service. The present application has been filed stating that petitioner was appointed in his own right, since, in the writ application filed by Madan Paswan, he was not made party, as such, termination order issued against the petitioner by the Panchayat Secretary is completely in violation of the rules of natural justice. The issue which has been raised by the petitioner was considered by this Court in CWJC No.5856 of 2009, where it has been held that in this situation the petitioner cannot claim that any legal issue is for consideration at this stage. If the respondents were in such a hurry to make fresh appointments after termination without waiting for orders of this Court when those aggrieved had already preferred applications before this Court, it is for the respondents to find the solution of this administrative imbroglio. - 3 - This writ application is being disposed of in terms of order passed in CWJC No. 5856 of 2009. The petitioner is directed to represent his case before the Principle Secretary, Human Resources Development Department, Govt. of Bihar, Patna, Respondent no.2, who will examine the entire issue and take decision in accordance with law by passing a reasoned and speaking order, after hearing the petitioner and all concerned. The order must be passed within three months from the date of filing of the representation by the petitioner. The writ application stands disposed of in the aforesaid terms. (Mridula Mishra,J.) A.Kumar