IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11224 of 2009 DHARAMSHILA SINHA, Wife of Mahesh Kumar resident of village Goai P.S. Naubatpur, District – Patna. …… Petitioner. Versus 1. THE STATE OF BIHAR through Secretary to Human Resources Department, Govt. of Bihar, Patna. 2. The Deputy Development Commissioner, Patna. 3. District Education Officer, Patna. 4. Block Education Officer, Naubatpur, Patna. 5. Block Development Officer, Naubatpur, Patna. 6. The Mukhiya Karanja Goai Gram Panchayat, P.S. Naubatpur, District – Patna. …… Respondents. With CWJC No.11247 of 2009 SMT. BIDYAWATI KUMARI, Wife of Adars Kumar resident of village Goai P.S. Naubatpur, District – Patna. ….. Petitioner. Versus 1. THE STATE OF BIHAR through Secretary to Human Resources Department, Govt. of Bihar, Patna. 2. The Deputy Development Commissioner, Patna. 3. District Education Officer, Patna. 4. Block Education Officer, Naubatpur, Patna. 5. Block Development Officer, Naubatpur, Patna. 6. The Mukhiya Karanja Goai Gram Panchayat, P.S. Naubatpur, District – Patna. ………. Respondents. With CWJC No.11271 of 2009 SHAIL KUMARI, W/o Mithilesh Kumar resident of village Goai, Post Karanja, P.S. Naubatpur, District – Patna. ….. Petitioner. Versus 1. THE STATE OF BIHAR through Secretary to Human Resources Department, Govt. of Bihar, Patna. 2. The Deputy Development Commissioner, Patna. 3. District Education Officer, Patna. 4. Block Education Officer, Naubatpur, Patna. 5. The Block Development Officer, Naubatpur, Patna. 6. The Mukhiya Karanja Goai Gram Panchayat, P.S. Naubatpur, District – Patna. …… Respondents. ----------- 02/ 28.10.2009 Heard counsel for the petitioners and counsel appearing for the State. Petitioners in all these writ applications were - 2 - initially appointed as Panchayat Siksha Mitra considering their matriculation qualification as at the relevant time matriculation was the requisite qualification for being appointed on the post of Panchayat Siksha Mitra. Subsequently the guideline for appointment of Panchayat Siksha Mitra was amended and the qualification was enhanced to Intermediate. On the basis of enhancement of qualification several persons, who were appointed as Panchayat Siksha Mitras considering their matriculation qualification were terminated. Subsequenlty, on the basis of order contained in Letter No. 7/ve-1-89/2000-2517 dated 4.7.2008 direction was issued by the Joint Secretary, Human Resources Development Department, Bihar that only those Panchayat Siksha Mitras, who were initially appointed on the basis of matriculation qualification but subsequently enhanced their educational qualification of Intermediate within 33 months from the date of joining from the date of joining, can be retained in service otherwise they will have to be terminated from services. Considering the direction issued by the Joint Secretary, Human Resources Development Department, Bihar several persons like - 3 - petitioners were terminated from their service for the reason that those they enhanced their qualification up to Intermediate but it was latter than to 33 months from the date of their joining. This issue has been considered and decided by this Court in the case of Indu Devi Vs. State of Bihar in C.W.J.C. No. 3700 of 2009. This Court on consideration of entire material, has decided as follows: “since the petitioner is now intermediate and possesses qualification for continuing in service as Primary teacher, simply because she passed her course on 20.9.2006 i.e. seven months later to the date on which she completed 33 months from the date of initial appointment, cannot be a ground for termination from service. Intention behind fixing time for acquiring enhanced qualification of intermediate must have been to improve educational qualification and qualityof Panchayat Siksha Mitras already absorbed on the post of Panchayat teachers. Enhancement of - 4 - qualification was essential for improving standard of teaching in Primary schools which is the starting point of educational system. It is for the benefit of both i.e. the teachers and students. Intention behind these Government Circulars in no can be punitive and should not be used as a weapon to harass Panchayat Siksha Mitras already absorbed as Teachers.” Petitioners’ case is duly covered by the above mentioned decision. Accordingly, the impugned orders in all three writ applications, whereby they have been terminated from their services are quashed. The Mukhiya and Panchayat Secretary of the concerned Panchyat are directed to reinstate the petitioners on their posts forthwith with all consequential benefits. DKS/ (Mridula Mishra, J.)