IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7085 of 2009 1. Shambhu Nath Jha, son of Sri Yugal Jha, resident of Village + P.O. – Kumarson, P.S.-Garhpura, District – Begusarai 2. Anita Kumari, wife of Sri Manoj Thakur, daughter of Late Ganga Ram Thakur, resident of village – Koriyama, P.S. – Garhpura, District – Begusarai …………………… Petitioners Versus 1. The State Of Bihar through Principal Secretary, Human Resources Development Department, Government of Bihar, Patna 2. The District Superintendent of Education, Begusarai 3. The Block Development Officer, Bakhari, P.S. – Bakhari, District – Begusarai 4. The Block Education Extension Officer, Bakhari, P.S. – Bakhari, District – Begusarai 5. The Panchayat Secretary of Gram Panchayat, Ghaghra, P.S. – Ghaghra, District – Begusarai 6. The Mukhiya of Gram Panchayat Ghaghara, P.S. – Ghaghara, District – Begusarai …………………….. Respondents ---------------------------------- For the Petitioner: Mr. Rajendra Prasad Singh, Sr. Advocate Mr. Rajeev Kumar Singh, Advocate Mr. Navjot Yeshu, Advocate For the State: Ms. Priya Gupta, Advocate, AC to AAG-12 ********** 04. 08.09.2011 Heard learned counsel for the petitioner and the counsel appearing for the State. Petitioners’ prayer is for quashing of Order dated 25.04.2009, contained in Memo No. 947, issued by the District Superintendent of Education, Begusarai, whereby they have been terminated from the post of Panchayat Teacher in the light of the Order, issued by Principal Secretary, Human 2 Resources Development Department, Government of Bihar, contained in Memo No. 3152, dated 25.08.2008. Vide letter issued by the Principal Secretary, list of educational institutions have been provided under provisions of rule 4 of Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2008, indicating that the educational degrees, imparted by such Institutions are not recognized and not considered equivalent to Intermediate degree. In this list, Hindi Sahitya Sammellan Prayag, Allahabad is at serial no. 16 and Madhyama Visharad degree of this Institution has not been considered equivalent to Intermediate degree, which is the minimum educational qualification for being appointed as Panchayat Teacher. Counsel for the petitioners submits that petitioners were appointed under the provisions of Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006 and there was no such provision under this rule that Madhyma Visharad degree, will not be considered equivalent to Intermediate. At the relevant time, no executive instructions have been issued whereby Hindi Sahitya Sammellan Prayag, Allahabad or other Institutions 3 were considered as unrecognized institution and the educational degree provided by this institution, not sufficient for the purpose of appointment. Subsequently, the Department of Human Resources Development issued any executive instruction under rule 4 of 2008 Rules, that can only be prospective and it has no application retrospectively in the matters like appointment of the petitioner in the year 2006-07. Petitioner has also placed reliance on a Single Bench’s decision in C.W.J.C. No. 10748 of 2008, where it has been held that “Issues of eligibility, qualification equivalence etc. for appointment are for the employer to decide. But these have to be decided by the employer before the process of selection commences. If the employer was callous in not being cautious about its own duties and left a grey area in pursuance of which the employer himself granted certain benefits and provided employment, this Court is afraid that it shall not permit the employer to now re-write or explain the advertisement to exclude persons whom the employer had earlier found fit for employment.” Counsel for the petitioners submits that now respondent authorities should stop raising issues like 4 equivalence and non-eligibility on account of qualification of the petitioners for being appointed to the post of Panchayat Teacher. No Counter Affidavit has been filed on behalf of the State. However, counsel appearing for the stated submitted that the plea of estoppels taken by the petitioner, placing reliance on unreported decision of Hon'ble Single Judge of this Court has already been considered by the Division Bench of this Court, reported in 2010 (iv) PLJR 318 and the order passed by the Single Judge has been set aside and the finding recorded in para 31 is as follows: “Thus, in our considered opinion, the learned Single Judge who had not the benefit of looking into the provisions of Bihar Education Code as also the alleged decision of the year 1965 and 1973 (as they did not form part of the pleadings in any of the four writ petitions), has fallen in error while deciding the main case by an order dated 07.04.2009 in C.W.J.C. No. 10748 of 2008”. Finding of LPA Bench is that it is the employer, who has authority to settle the recruitment rules and the qualifications. So far Madhyma Degree is concerned, that was never considered as a degree 5 recognized for the purpose of appointment on the post of Teacher. In the facts and circumstances, I do not find any error in the impugned order, whereby petitioners have been directed to be removed from the post of Panchayat Teacher, earlier appointed on the basis of their Madhyama degree. Accordingly, this Writ Application is dismissed. SKM (Mridula Mishra, J.)