IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7358 of 2009 INDU KUMARI & ANR . Versus THE STATE OF BIHAR & ORS . ----------- 2. 08.02.2010 Heard the counsel for the petitioners and the counsel appearing for the state. Petitioners were earlier appointed as Panchayat Shikcha Mitras and subsequently absorbed on the post of Panchayat Teachers as provided under rule 20 of Bihar Panchayat Teachers (Appointment and Service Conditions) Rules, 2006. Petitioners’ appointment has been cancelled vide order contained in letter No. 183 dated 17.12.2007 issued under the signature of Block Education Extension Officer, Kutumba. The Block Education Extension Officer, Kutumba had issued direction to all concerned Headmasters, Mukhiya and Panchayat Secretary for terminating services of such Panchayat Shikcha Mitras/Panchayat Teachers, who were appointed having less than 45 per cent marks in their intermediate examination. In response to the letter issued by the Block Education Extension Officer, the Headmaster, Rajkiyakrita Primary School, Chorha, Block-Kutumba issued letter dated 17.12.2007, terminating the service of the petitioner No. 1 and Headmaster of Rajkiyakrita Primary School, Hathil Parsawa, Block- Kutumba issued letter dated 13.12.2007 terminating the service of petitioner No. 2. Petitioners were relieved from their service w.e.f. 31.12.2007. 2 Counsel for the petitioners submits that the department of Human Resources Development, subsequently, issued an order contained in Memo No. 2597 dated 04.07.2008 directing that all Panchayat Shikcha Mitras, terminated due to the reason of securing less than 45 per cent of marks in intermediate, should reinstate in service. This policy decision has been taken in the light of the decision of the High Court in C.W.J.C. No. 3572 of 2007 (Sujata Devi @ Sujata Kumari Vs State of Bihar & Ors). Several similarly situated persons, who were earlier terminated, have been reinstated and continuing in service. Considering the fact that Government’s resolution is already there for reinstatement of such terminated Panchayat Teachers who were appointed having less than 45 per cent of marks in intermediate, there is no reason for terminating the petitioners for their service, on a non-existent ground. Their termination orders contained in Annexures- 15 & 16 i.e. letter dated 17.12.2007 and letter dated 13.12.2007 issued by the Headmasters of the concerned schools, are quashed. The respondents- Headmaster of the concerned school, Panchayat Secretary and Mukhiya of Gram Panchayat Raj Bharaudha and Bairawa, Block-Kutumba as well as the Block Education Extension Officer, Kutumba are directed to reinstate the petitioners on their respective posts with all consequential benefits. AKV/ (Mridula Mishra, J.)