IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11667 of 2009 BABITA KUMARI, W/o Sudhir Kumar Choudhary, resident of village – Daudnagar Chak Gadhho, P.O. Daudnagar, P.S. Bidupur, District – Vaishali at Hajipur. …….. Petitioner. Versus 1. THE STATE OF BIHAR. 2. The District Magistrate, Vaishali at Hajipur. 3. The District Superintendent of Education, Vaishali at Hajipur. 4. The Block Development Officer, Bidupur, District – Vaishali at Hajipur. 5. The Block Education Extension Officer, Bidupur, District – Vaishali at Hajipur. 6. The Mukhia, Gram Panchayat Raj, Daudnagar, Block – Bidupur, District – Vaishali at Hajipur. 7. The Panchayat Secretary, Gram Panchayat Raj, Daudnagar, Block – Bidupur, District – Vaishali at Hajipur. 8. The Headmaster, Middle School, Daudnagar Chak Gadhho, Block – Bidupur, District – Vaishali at Hajipur. ….. Respondents. ------- 02/ 10.11.2009 Heard counsel for the petitioner and counsel appearing for the State. Earlier the petitioner had come before this Court for similar relief and for quashing same order, which has been annexed as impugned order in the present writ application. In the earlier writ application also the petitioner has challenged the order contained in Letter No. 3 dated 2.5.2007 issued by the Mukhiya, Gram Panchayat Raj, Daudnagar, in the district of Vaishali at Hajipur, whereby her appointment has been cancelled with retrospective effect and direction was issued to return the wages. The writ application filed by the petitioner was allowed. The impugned order was set aside and the matter - 2 - was remanded to the Principal Secretary, Human Resources Development Department with a direction to take a fresh decision in the light of the discussion made in C.W.J.C. No. 4007 of 2008 and to take a decision within two months from the date of receipt/production of a copy of the order. That matter remained pending as stated by the petitioner and till date no order has been passed. In the meantime, similar directions issued in C.W.J.C. No. 4007 of 2007 and analogous cases was considered by the Principal Secretary and by order dated 27.9.2008 contained in Memo No. 3490 the claim of the petitioners in those writ applications were rejected. Several petitioners, including Mamta Kumari came before this Court challenging the order passed by the Principal Secretary dated 27.9.2008 contained in Memo No. 3490, in C.W.J.C. No. 10748 of 2008 and the same was again quashed holding that declining to recognize and grant equivalence to qualification of Shiksha Visharad from Hindi Sahitya Sammelan as Intermediate, though it is a degree from a recognized institution, as per the government’s own decision, is not valid. Petitioner has again filed this writ application, with - 3 - a prayer that her case should also be decided in the light of Mamta Kumari’s case and similar relief be allowed. Since the impugned order for quashing of which the petitioner has filed present writ application has already been quashed and the matter remanded to the Principal Secretary for deciding the case of the petitioner in the light of the order passed in C.W.J.C. 4007 of 2007, is still pending, second application for same relief is not maintainable. However, since the order passed by Principal Secretary contained in Memo No. 3490 dated 27.9.2008, passed in similar cases like petitioners, has been quashed in Mamta Kumari’s case (C.W.J.C. No. 10748 of 2008), petitioner is also entitled for similar relief. The Principal Secretary is directed to decide the case of petitioner, in the light of Mamta Kumari’s case, within four weeks from the date of production of this order. This application is, accordingly, disposed of. DKS/ (Mridula Mishra, J.)