IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9966 of 2009 RAJESH KUMAR, Son of Baleshwar Paswan, resident of village- Malhipur, P.O.-Maheshpur. P.S.-Bhagwanpur, District-Begusarai. Panchayat Teacher (Terminated) in Primary School Malhipur (Pindapar) Block Bhagawanpur in District-Begusarai. ……………Petitioner. Versus 1. The State of Bihar. 2. Principal Secretary, Human Resources Department, Government of Bihar, Patna. 3. Director, Primary Education, Bihar, Patna. 4. District Education Officer, Begusarai. 5. District Superintendent of Education, Begusarai. 6. Prakhand Vikash Padadhikari, Bhagwanpur, District-Begusarai. 7. Prakhand Shiksha Prasar Padadhikari, Bhagwanpur, District- Begusarai. 8. Mukhiya Gram Panchayat Raj Maheshpur, Block-Bhagwanpur, District-Begusarai. 9. Gram Panchayat Secretary Maheshpur Panchayat Prakhand- Bhagwanpur, District-Begusarai. ……..Respondents. ----------- 2/ 02.09.2009 Heard learned counsel for the petitioner and the State. Petitioner has filed this application for quashing the Letter No. 37 dated 11.09.2008 issued by the Gram Panchayat Secretary of Gram Panchayat Maheshpur Prakhand in the district of Begusarai whereby the petitioner has been terminated from the post of Panchayat Teacher on the ground that his appointment on the post on the basis of Up-Shastri degree is illegal as Up-Shastri degree is not the equivalent of Intermediate degree. The impugned order has been issued on the - 2 - basis of direction issued by the Principal Secretary, Human Resources Development Department, Government of Bihar contained in Letter No. 4240 dated 15.11.2007. The counsel for the petitioner submits that the letter issued by the Principal Secretary, Human Resources Development Department, Government of Bihar, contained in Letter No. 4240 dated 15.11.2007 was considered by this Court in C.W.J.C. No. 2456 of 2008 and analogous cases Ribha Rani vs. State of Bihar and others and analogous case. It was held that Rule 8 clearly provides that the Up-Shastri degree is equivalent to Intermediate degree and any one appointed on consideration of this degree post shall continue on the post. It was also held in this decision that if, there is any provision under the rules relating to appointment of Primary Teachers/Panchayat Teachers it can not be annulled by government decisions and circulars of the Education Department. In case the government wants to change the criteria that can be done only by way of amending the rules. Equivalence of the degree of Up- Shastri and appointment on the basis of such qualification could not be declared as illegal on the basis of subsequent policy decision of the government because, since policy decision of the government contained in any - 3 - order/Circulars can have perspective. Considering that it has already been settled and decided by this court. This application is being disposed of. The order contained in Letter No. 37 dated 11.09.2008 issued by Gram Panchayat Secretary, respondent No. 9 is quashed, with a direction to the Panchayat Secretary/Block Education Extension Officer, Begusarai to reinstate the petitioner on the post and allow him to continue with his duties of Panchayat Teacher in the light of the decision of this Court in C.W.J.C. No. 2456 of 2008 and analogous cases. The petitioner will also be entitled for all consequential benefits from she has been deprived on account of issuance of impugned order dated 11.09.2008. This application is allowed. Sanjeet/ (Mridula Mishra, J.)