IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10754 of 2009 Rabindra Chaudhary, son of Shri Heera Chaudhary, resident of village Ramdichak, P.S. Maner, District- Patna. ……….. Petitioner Versus 1.The State Of Bihar 2.The Director, Primary Education, Vikash Bhawan, Bihar, Patna 3.The District Magistrate, Patna 4.The District Development Officer, Patna 5.The District Superintendent of Education, Patna 6.The Block Development Officer, Maner, Patna 7.The Block Education Extension Officer, Maner Panchayat 8.Mukhiya, Byarpur Panchayat, Maner, Patna 9.The Secretary, Byarpur Panchayat, Maner, Patna …………. Respondents ----------- 4. 03/11/2010 It appears that the Mukhiya of the Gram Panchayat by his letter dated 1.11.2007, annexed as Annexure-7, had stopped petitioner from functioning as Shiksha Mitra on the ground that in the Intermediate Examination he had secured less than 45% marks which was essential requirement for appointment on the post of Shiksha Mitra. From Annexure-8, it appears that in the light of the orders of this Court, Government by Resolution dated 1.8.2008 modified the said essential requirement and held that the incumbents having Intermediate qualification even with less than 45% marks or having acquired Intermediate qualification within thirty three months of their appointment, who 2 earlier stood terminated, shall be treated as reappointed and reinstated in service. In view of this changed position, petitioner was entitled for his reinstatement as he had Intermediate qualification at the time of his appointment as Shiksha Mitra. Accordingly, the District Superintendent of Education by letter dated 13.2.2009, as contained in Annexure-9, had directed the Mukhiya and the Panchayat Secretary to reinstate the services of the petitioner in terms of the said Resolution of the Government. Grievance of the petitioner is that inspite of such directions of the District Superintendent of Education, the concerned Mukhiya and the Panchayat Secretary are not reinstating the petitioner in service. By order dated 9.10.2009 notices were issued to the Mukhiya and Panchayat Secretary and learned counsel for the State was also directed to file counter affidavit. Notices have been deemed to have been validly served. However, neither Mukhiya nor Panchayat Secretary has appeared nor any counter affidavit has been filed in the case. 3 In the circumstances, this writ application is disposed of with a direction to the Mukhiya and the Panchayat Secretary of Byarpur Panchayat, Maner, Patna to comply the orders passed by the District Superintendent of Education by his letter dated 13.2.2009 positively within a period of two months from the date of receipt/production of a copy of this order. If they have any other objection to the reinstatement of the petitioner in service, apart from his having not passed Intermediate examination with more than 45% of marks, they will immediately draw the attention of the District Superintendent of Education to the same and shall ensure that the District Superintendent of Education considers the matter and passes orders within the said period of two months itself. With the aforesaid observations and directions, this writ application is disposed of. Pradeep/ ( J. N. Singh,J.)