IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2884 of 2010 BIJENDRA KUMAR S/O SAHJANAND SINGH R/O VILL.- SAR KUNNA, P.S. DULHIN BAZAR, DISTT.- PATNA. VERSUS 1. THE STATE OF BIHAR, THROUGH SECRETARY HUMAN RESOURCE DEPTT., NEW SECRETARIATE, PATNA 2. THE DISTRICT MAGISTRATE, PATNA 3. THE DISTRICT EDUCATION OF SUPERINTENDENT, PATNA 4. THE BLOCK EDUCATION EXTENSION OFFICER, DULHIN BAZAR, PATNA 5. THE MUKHIA OF BHARATPURA GRAM PANCHAYAT BLOCK- DULHIN BAZAR, DISTT.- PATNA 6. THE PANCHAYAT SECRETARY @ PANCHAYAT SECRETARY BHARATPURA GRAM PANCHAYAT, BLOCK- DULHIN BAZAR, PATNA ----------- 02 30.08.2010 The petitioner was selected as Shiksha Mitra in the year 2003 as per qualifications then prescribed being Matriculation. In the year 2004, the State Government came out with a policy decision which required the Shiksha Mitras to be eligible for renewal of their contract to enhance their educational qualification to Intermediate within 33 months. Petitioner’s employment was extended but as within 33 months period he did not furnish the Intermediate certificate with effect from 21.03.2006, he was treated as terminated. Petitioner states that he had sat for the Intermediate examination and even appeared at that time but results had not been formally declared. Results were formally declared and the marks sheet made available to the petitioner after 31.05.2007 as per marks sheet (Annexure-8). Petitioner passed Intermediate in 2nd division. This Court on several occasions and including Division Bench of this Court has held that once a person in such a situation has enhanced his - 2 - educational qualification, though with delay, his services cannot be terminated. In fact, there has been a recent decision of the State Government in the year 2008, wherein the State Government itself has directed that wherever for not obtaining the Intermediate degree within 33 months, services of Shiksha Mitras have been terminated, they should be taken back if they managed to complete their Intermediate course. But, from the facts stated above, it would be seen that when the petitioner was stopped from functioning as Shiksha Mitra, he has already sat in the examination and he was waiting for results. As per Intermediate results, he was successful and has passed in 2nd division, thus, he was entitled to be continued in service. Having considered the matter, I accordingly direct that however as the petitioner has stopped working as Shiksha Mitra in the year 2006 and, we are in 2010, the order would be given effect to only if there are vacancies available to the petitioner in the post of Panchayat Teacher with Bharatpura Gram Panchayat under the Block Dulhin Bazar, District Patna. In case, there is no vacancy available for the petitioner, it would be deemed that this Court passed no direction. With these observations and directions, the writ petition stands disposed of. Trivedi/ (Navaniti Prasad Singh, J.)