IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No.7509 of 2009 Prabha Kumari, wife of Azad Baitha, resident of village and P.O. Barauli, P.S. Jamhore, district Aurangabad .. Petitioner Versus 1. The State of Bihar 2. The Principal Secretary, Department of Human Resources Development, Bihar, Patna 3. The Secretary, Department of Primary and Adult Education, Bihar, Patna 4. The Deputy Director, Primary education, Government of Bihar, Patna 5. The District Superintendent of Education, Aurangabad, district Aurangabad 6. The Block Education Extension Officer, Baruna, district Aurangabad 7. The Mukhiya, Gram Panchayat Raj, Pipra, Block Baruna, district Aurangabad 8. The Headmaster, Primary School, Barauli, (Now name of school has been changed as Utkramita Madhya Vidyalaya, Block Baruna, district Aurangabad) 9. The Panchayat Sachiv, Panchayat Raj, Pipra, Block Baruna, district Aurangabad .. Respondents **** /2/ 07.07.2009 Heard the counsel for the petitioner and the State. 2. This application has been filed for quashing the order, contained in Memo No. 1447/SSA, dated 14.12.2007, letter, dated 17.12.2008 and 13.06.2009. On account of impugned letters petitioner has been relieved from service of Panchayat Shikchak of Utkramita Madhya Vidyalaya, Barauli, Aurangabad. Ground on which has been terminated from her service is that she did not had requisite per cent of 2 marks in her intermediate, at the time of her appointment as Panchayat Shikcha Mitra. Minimum percentage of marks for engagement as Panchayat Shikcha Mitra should have been 45 per cent, but, she had only 41 per cent of marks. 3. Counsel for the petitioner submits that the State Government in the year 2002 resolved to employee Panchayat Shikchak on contract basis for eleven months. The eligibility criteria for the employment was qualification as matric or equivalent examination. Subsequently, their qualification for appointment was changed by the Human Resources Development Department in the guideline for employment of Panchayat Shikcha Mitra. The educational qualification was enhanced to intermediate or equivalent examination with 45 per cent marks. Petitioner has submitted her application for her engagement under the most backward caste women candidate. She joined as Panchayat Shikcha Mitra at Primary School, Baruna, Aurangabad, on 02.06.2005. Subsequently, she took teachers’ training and enhanced her qualification, now she has been absorbed as Panchayat Shikchak under the Bihar Panchayat Primary Teachers' (Appointment and Service Conditions) Rules, 2006. Petitioner’s case is that the minimum required educational qualification for Panchayat 3 Shikcha Mitra was intermediate or equivalent without any condition of 45 per cent of marks. If subsequently, the qualification was enhanced 45 per cent marks it will not have any application, so far her appointment is concerned. Counsel for the petitioner submits that case of petitioner is identical to the case of petitioner in C.W.J.C. No. 8151 (Sandhya Kumari Vrs. The State of Bihar & Ors.) in which in a similar circumstance the termination order was quashed and the respondents were directed to reinstate the petitioner. The State Government also after the different judgments of this Court, on this issue, came out with a resolution, contained in Memo No. 2517, directing that Panchayat Shikcha Mitra absorbed on the post of Panchayat Teachers will not be terminated from their service if they were engaged as Sikcha Mitra with intermediate qualification having less the 45 per cent marks. The State Government has also directed that in case any one has terminated from the service should be reinstated. 4. Considering the submissions made by the petitioner’s counsel and the State as well as the policy decision of the Government the orders, contained in Annexures 9, 10 and 10A are quashed. Respondents are 4 directed to reinstate the petitioner on the post of Panchayat Teacher in the same school where she was earlier working. Petitioner will be treated to be in continues service and, thus, entitled for salary for the period during which she was not allowed to work, with all consequential benefits. The payment of arrears of salary should be made to the petitioner within eight weeks from the date of production/communication of this order. 5. This application is allowed. Cp:2/S.A. (Mridula Mishra, J.)