IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15391 of 2009 1. SHAILENDRA PRASAD PATEL S/O LATE BADRI PRASAD, R/O VILL-DUMARI DERAPAR, P.O-DUMARI, VIA- BARAHIYA, P.S- BARAHIYA, DISTT- LAKHISARAI 2. SAROJ BHARTI D/O SHRI HEERA LAL SINGH, W/O SHRI SUNIL PRASAD, R/O VILL- DUMARI, P.O-DUMARI, P.S- BARAHIYA, DISTT- LAKHISARAI Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA 4. THE DISTRICT MAGISTRATE, LAKHISARIA 5. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM- CHAIRMAN DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, LAKHISARAI 6. THE DISTRICT SUPERINTENDENT OF EDUCATION- CUM-SUB-DIVISIONAL EDUCATION OFFICER LAKHISARAI 7. THE BLOCK DEVELOPMENT OFFICER, BARAHIYA, DISTT- LAKHISARAI 8. THE BLOCK EDUCATION EXTENSION OFFICER, BARAHIYA, DISTT- LAKHISARAI 9. THE PRAKHAND PRAMUKH, BARAHIYA PRAKHAND DISTT- LAKHISARAI 10. THE MUKHIYA, null GRAM PANCHAYAT RAJ DUMARI, BLOCK-BARAHIYA, DISTT- LAKHISARAI 11. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ DUMARI, BLOCK- BARAHIYA, DISTT- LAKHISARAI ----------- 2 23.2.2010 Heard counsel for the petitioners and the counsel appearing for the State. Petitioners’ were appointed initially as Panchayat Shiksha Mitra on the basis of their qualification of Madhayama Vishard obtained from Hindi Sahitya Sammelan, Allahabad 2 which is equivalent to Intermediate. Subsequently the petitioners enhanced his educational qualification and passed Sahitya Alankar equivalent to graduate from Hindi Vidyaphith, Deoghar, Jharkhand. Petitioners’ grievance is that they are being disengaged from their service on the ground that Madhyma Visharad is not the equivalent qualification to Intermediate, as such their initial appointment on the post of Panchayat Shiksha Mitra itself was bad and consequential absorption is also bad. Specific averment of both the petitioners is that in the year 2008 they have already completed their Intermediate Course from Bihar School Examination Board and have fetched more than 45% marks. In this view, they have enhanced their qualification which is a recognized degree for appointment on the post of Panchayat Teacher/ Panchayat Shiksha Mitra. 3 As stated in the writ application an appeal preferred by the petitioners is pending before District Teachers Employment Appellate Tribunal, Lakhisarai considering that the petitioners are permitted to withdraw this application for raising all these issues before the Appellate Tribunal. The Appellate Tribunal will consider the case of the petitioners and decide it in the light of the order passed by this Court in CWJC No. 3700 of 2009 ( Indu Devi vs. State of Bihar & ors.) whereby similar issue has been considered and decided. The Appeal preferred by the petitioners must be disposed within one month from the date of production/communication of this order. (Mridula Mishra,J.) A.kumar