IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9501 of 2008 ANITA KUMARI @ ANITA DEVI Versus THE STATE OF BIHAR & ORS ----------- 3 9.9.2009 Heard Counsel for the petitioner and the Counsel appearing for the State. Petitioner was appointed as Panchayat Teacher on the basis of her qualification of Up-Shastri degree treating it equivalent to Intermediate. The petitioner was appointed as Panchayat Teacher of Pipra Bijwar Gram Panchayat in the District of Araria. By order dated 25.2.2008 issued under the signature of Deputy Superintendent of Education-cum- District Programme Coordinator, Bihar Education Project,Araria contained in memo no. 1866 dated 25.2.2008, petitioner’s appointment has been cancelled in the light of the direction of the District Magistrate, Araria as well as in the light of letter No. 4240 dated 15.11.2007 issued by the Principal Secretary, Department of Human Resources Development, Govt. of Bihar. The letters issued by Principal Secretary, is a general direction to all concerned, that Upshastri degree is not equivalent to intermedication, as such not a requisite qualification for appointment as Panchayat Teacher. Counsel for the petitioner has assailed the impugned order dated 25.2.2008, as submitted that it is contrary to the judicial pronouncements and the ratio laid down by this Court in the case of Rambha Kumari and others vs. State of Bihar reported in 2009(2) B.L.J. 286, where it has been held that the provision relating to - 2 - qualification amended under 2008 Rules will be effective from the date it came into force and it cannot have retrospective application so far appointments made under the provisions of Rule 8 of 2006 Rules are concerned. This application is being disposed of in the light of the ratio decided in the decision reported in 2009(2) BLJ 286. The impugned order contained in Memo no. 1866 dated 25.2.2008 ( Annexure-11) is quashed. The District Superintendent of Education-cum- District Programme Coordinator, Bihar Education Project, Araria, the Block Extension Education Officer, Palasi at Araria, the Mukhiya, Gram Panchayat Raj Pipra, Bijwar and the Panchayat Secretary, Gram Panchayat Raj Pipra Bijwar, are directed to reinstate the petitioner on her post in Primary School, Pipra Bijwar with all consequential benefits. If any other person has been posted in place of the petitioner, he/she, should be directed to be reverted back to his/her original place of positing. The writ application stands allowed accordingly. (Mridula Mishra,J.) A.Kumar