IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9963 of 2009 SHIROMANI KUMARI, daughter of Late Sita Ram Singh, resident of village-Walipur, P.S.-Piparia, District-Lakhisarai. ………Petitioner. Versus 1. The State of Bihar. 2. The Joint Secretary, Human Resources Development Department, Bihar, Patna. 3. The District Superintendent of Education, Lakhisarai. 4. The Block Development Officer, Lakhisarai, District-Lakhisarai. 5. The Block Education Extension Officer, (B.E.E.O.) Lakhisarai, District-Lakhisarai. 6. The Mukhiya, Gram Panchayat Walipur, P.S.-Piparia, District- Lakhisarai. 7. The Panchayat Secretary, Gram Panchayat, Walipur, P.S.-Piparia, District-Lakhisarai. 8. The Head Master, Girls Primary School Walipur, P.S.-Piparia, District-Lakhisarai. ……….Respondents. ----------- 2/ 02.09.2009 Heard learned counsel for the petitioner and the State. Petitioner was initially appointed on post of Panchayat Shiksha Mitra and subsequently on account of her continuation on the post of Panchayat Shiksha Mitra she was absorbed on the post of Panchayat Teacher with effect from 1.6.2006. At the time of her initial appointment petitioner had only qualification of matriculation. It was subsequently enhanced up to Intermediate, however, she was restrained from discharging her duties by the Head master of the concerned school on the ground that she did not have requisite qualification at the time of her initial appointment and as such, she cannot be allowed to - 2 - continue on the post of Panchayat Shikshak. Petitioner has now filed her representation before the District Superintendent of Education, Lakhisarai for her reinstatement in the light of government Resolution contained in Memo No. 2517 dated 04.07.2008. As per this resolution all such Panchayat Shiksha Mitra who were appointed on the post of their matriculation qualification and subsequently absorbed as Panchayat Teacher, if, terminated from service on this ground that they did not have requisite qualification at the time of initial appointment, are now to be reinstated on the post of Panchayat Teacher either in case they have enhanced their matriculation qualification or if not then they will enhance their qualification within the prescribed time. Petitioner has already enhanced qualification and passed with 51% marks. The grievance of the petitioner is that her representation is not being considered by the District Superintendent of Education, Lakhisarai and in the light of the direction contained in Memo No. 2517 dated 04.07.2008 issued by the Joint Secretary, Human Resources Development Department, Government of Bihar, Patna, she is not being reinstated on the post. I find that the petitioner has filed her representation before the wrong forum. She was working as Panchayat Teacher, as such should have represented - 3 - before the Block Education Extension Officer, in case of Prakhand Teacher before the concerned D.D.C. This application is being disposed of giving liberty to the petitioner to file her representation before the appropriate authority, in case of filing such representation the D.D.C./ Block Education Extension Officer will consider petitioner’s case in the light of government resolution contained in Memo No. 2517 dated 04.07.2008 and will also direct the concerned Panchayat Secretary/Mukhiya of Gram Panchayat for reinstatement of the petitioner with all consequential benefits such orders must be passed within eight weeks from the date of filing of representation along with the order passed in this writ application. Sanjeet/ (Mridula Mishra, J.)