IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10531 of 2009 PINKU KUMARI Versus THE STATE OF BIHAR & ORS ----------- 2 7.10.2009 Heard Counsel for the petitioner and the Counsel appearing for the state. The petitioner was appointed as Prakhand Teacher following the provisions under Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006. At the time of appointment, petitioner’s qualification of Up-shashtri was considered as equivalent to Intermediate, which is the requisite qualification of being appointed on the post of Panchayat/Prakhand Teacher. Subsequently by order dated 10.7.2009 contained in letter No.14 the Headmaster of Middle School, Mahmadpur Mahesh under Mamoorchak Block has terminated the petitioner from her service in compliance of the direction of District Educational Superintendent cum- District Programmer, Bihar Siksha Pariyojana Begusarai for the reason that she did not have requisite qualification for being appointed on the post of Prakhand Teacher having qualification of Up-shashtri degree. The Up-shashtri degree as per the Government’s resolution is not being treated as equivalent to intermediate degree. - 2 - Counsel for the petitioner submits that the similar issue was raised by petitioner in CWJC No. 2456 of 2008 (Ribha Rani vs. State of Bihar & ors.) and it has been held by this Court that under 2006 Rules anyone who have passed intermediate or any equivalent degree were considered to have eligibility for being appointed on the post. Any subsequent executive directions issued by the Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna. cannot be considered as a basis for holding that the persons having up- shashtri degree or Moulvi degree are not eligible for appointment on the post. It was also held that unless the amendment is brought the persons having up-shashtri degree cannot be considered as appointment on the post. In this very decision it was also held that even after the amendment the provision can be made applicable prospectively so far the earlier appointments are concerned, cannot be considered as illegal appointments. Considering the fact that the petitioner’s case is duly covered by this decision the impugned order contained in letter No.14 dated 10.7.2009 is quashed. The Respondents-Headmaster of the Middle School, Mahmadpur Mahesh and District Educational Superintendent cum- District Programmer, Bihar Siksha Pariyojana Begusari are directed to accept joining of the - 3 - petitioner on the post on which she was working with all consequential benefits. (Mridula Mishra,J.) A.Kumar