IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17481 of 2009 1. PINTU YADAV S/O SRI GIREN YADAV VILLAGE + P.O. + P.S.- AMDABAD, DISTT.- KATIHAR Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 2. THAT SECRETARY DEPARTMENT OF PRIMARY AND ADULT EDUCATION, GOVT. OF BIHAR, PATNA 3. THAT DIRECTOR, PRIMARY EDUCATION GOVT. OF BIHAR, PATNA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION KATIHAR, DISTT.- KATIHAR 5. THE BLOCK EDUCATION EXTENTION OFFICER AMDABAD, DISTT.- KATIHAR 6. THE BLOCK DEVELOPMENT OFFICER AMDABAD BLOCK, DISTT.- KATIHAR 7. THE MUKHIYA GRAM PANCHAYAT RAJ NORTH AMDABAD, P.S.- AMDABAD, DISTT.- KATIHAR 8. THE PANCHAYAT SACHIV GRAM PANCHAYAT RAJ, NORTH AMDABAD, P.S.- AMDABAD, DISTT.- KATIHAR. ----------- 03/ 16.04.2010 Heard counsel for the petitioner and counsel appearing for the State. This application has been filed by the petitioner for directing the respondents 4, 5, 6 and 7 to reinstate him on the post of Panchayat teacher with all consequential benefits after setting aside the order dated 20.9.2008 contained in Memo No. 610 passed by the District Superintendent of Education, Katihar. By the impugned order the petitioner’s appointment was cancelled and he has been terminated from his post, simply for the reason that he enhanced his qualification from Matric to Intermediate beyond 33 months from the date of his initial appointment. Petitioner was initially appointed on the post of - 2 - Panchayat Shiksha Mitra considering his matriculation qualification, which was the requisite qualification as per 2002 guidelines of State of Bihar for the appointment of Panchayat Shiksha Mitra. Subsequently, vide circular no. 1458 dated 11.8.2004 issued by the Human Resources Development Department, the requisite qualification for appointment on the post of Panchayat Shiksha Mitra was enhanced as Intermediate with minimum 45% of marks. The petitioner when given third extension for 11 months had not got passed his Intermediate examination. The issue relating to termination/reinstatement of such Panchayat Shiksha Mitra, who has been engaged only with matriculation examination or with less than 45% of marks in Intermediate was considered by the High Court in L.P.A. NO. 940 of 2007 and a finding was recorded that such persons should be retained in service but they must enhance their qualification within 33 months of their initial appointment. In consequence with the finding recorded in L.P.A. No. 940 of 2007 the government also came out with Resolution No. 2517 of 4.7.2008, whereby 33 months was filed for obtaining the requisite qualification of Intermediate - 3 - from the date of initial appointment on the post of Panchayat Shiksha Mitra. The petitioner has been terminated by the orders of the District Superintendent of Education, Katihar dated 20.9.2008 for the reason that the requisite qualification of Intermediate was acquired by the petitioner not within 33 months, but 7 months later than 33 months. The counsel for the petitioner has placed his reliance on a decision reported in 2010(2) P.L.J.R. page 241 (Indu Devi Vs. The State of Bihar & Ors.). The finding recorded in this reported decision is that 33 months time fixed for enhancement of qualification is for the purposes of penalizing the Panchayat Shiksha Mitra already absorbed on the post of Panchayat teacher, but the object behind enhancement of qualification was to facilitate a classification of qualification and knowledge by the teachers from the schools, which is at the threshold of the educational system in the State of Bihar. In case, Panchayat Shiksha Mitra absorbed on the post of Panchayat teacher for any reason they complete Intermediate course within 33 months but within a reasonable time enhances his - 4 - qualification that cannot be a ground for terminating his case/service. The case of the petitioner is fully covered by the reported decision, as such the impugned order dated 20.9.2008 issued by the District Superintendent of Education, Katihar contained in Memo No. 610 is quashed. The petitioner has filed supplementary affidavit stating that the post on which he was appointed is still vacant in North Amdabad Gram Panchayat, as such there is no reason for not reinstating the petitioner on the same post with all consequential benefits. The respondents District Superintendent of Education, Katihar, Block Education Extension Officer, Amdabad, Mukhiya and Secretary of Gram Panchayat Raj, North Amdabad are directed to take all necessary steps for reinstatement of the petitioner within four weeks from the date of production/communication of this order, with all consequential benefits. This application is allowed. DKS/ (Mridula Mishra, J.)