IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9086 of 2007 SUNITA KUMARI @ SUNITA DEVI wife of Ramakant Chaudhary, resident of Village Daunana Nauka Tola P.S.Daunana District West Champaran Bettiah)-------- Petitioner. Versus 1.THE STATE OF BIHAR 2.The Director, Primary Education,New Secretariat, Patna. 3. The District Magistrate, West Champaran, Bettiah. 4. The District Education Officer, West Champaran, Bettiah. 5. The District Superintendent of Education, West Champaran, Bettiah. 6. The Block Development Officer, Block Madhubanik, District West Champaran. 7. The Block Education Officer, Madhubani, Distgrict West Champaran (Bettiah) 8. The Mukhia Raj Daunana Block, Madhubani District West Champaran, Bettiah--------Respondents. --- For the Petitioner:- Mr.Rajeshwar Prasad Mr. Ranjan Kumar Srivastava For the Respondents> G.P.II. 2 6.1.2009. Heard counsel for the petitioner and the State. No counter affidavit has been filed on behalf of the State inspite of the fact that the writ application was filed on 25.7.2007. and two copies were served on the counsel for the State for the purpose that the counter affidavit be filed before the matter is taken by the court for its disposal. Since no counter affidavit has been filed, the matter is being taken without any counter affidavit. This application has been filed by the petitioner for quashing Letter no.245 dated 29.7.2006 issued by the Block Development Officer, Madhubani and the letter dated 29.9.2006 issued by Mukhiya of Gram Panchayat, Daunana whereby the petitioner has been removed from the post of Siksha Mitra on the 2 ground that she has not passed Intermediate examination, which is the minimum requisite qualification for the post of Siksha Mitra in view of Bihar Panchayat Teachers (Appointment of Service Conditions) Rule 2006. Petitioner’s case is that she was appointed on the post of Siksha Mitra in the light of the Government circular issued on 20.6.2002 where in Proviso 4(3) minimum qualification for being engaged/appointed as Siksha Mitra is Matriculate with 45% marks. By order dated 1.2.2003 (Annexure-5) the petitioner was engaged as Siksha Mitra Gram Panchayat Raj Daunaha. This was extended time to time and finally by letter no.14 dated 2.3.2006 issued by Gram Panchayat Raj Daunaha she was re- engaged for 11 months as Siksha Mitra. Subsequent to petitioner’s engagement new Rule relating to appointment of Siksha Mitra/ Panchayat Teachers. Panchayat Teachers and their service conditions was issued by the State Government on 1.7.2006. As per this Rule, for being appointed as Siksha Mitra/ Panchayat Teacher, the candidate must have Intermediate degree qualification. Only in case of non availability of candidates with Intermediate degree in reserve catetgory candidates with matriculation could be engaged/appointed on this condition that within a period of 33 months such Siksha Mitra/ Panchayat Teachers will improve their qualification by passing Intermediate examination. In the light of this Rule, the District Development Officer, Madhubani sent a letter to the Mukhia, Daunaha Gram Panchayat for 3 removal of all those candidates who have been engaged/appointed as Siksha Mitra/ Panchayat Teacher having less than intermediate qualification. In view of this letter the Mukhia of Gram Panchayat Raj Daunaha issued letter terminating the petitioner from the post of Siksha Mitra prior to completion of 11 months period of petitioner’s engagement. She was not given any opportunity to explain the situation and without any notice to show cause she was terminated from the post. Counsel for the petitioner submits that the impugned orders are bad on two counts firstly because she has been terminated in violation of Rule of natural justice, without any notice or without any opportunity to show cause. Secondly the minimum qualification required for being appointed as Siksha Mitra/ Panchayat Teacher under the Bihar Panchayat Primary Teachers (appointment and service condition) Rules 2006 had no application at the time of her appointment. She was appointed prior to coming into force of 2006 Rule. At the time of her appointment requisite qualification for being appointed to the post of Siksha Mitra was Matriculate. Rule 4(3) speaks about the condition in which persons appointed prior to coming of 2006 Rule into force of the Rule under reserved category, should be retained even if they do not fulfill the criteria of educational qualification. Rule 4(3) rather provides for a specified period to them for improving their qualification. So far the petitioner is concerned, she has passed Intermediate Examination in the year 2007 and improved her qualification as provided under Rule 4(3) 4 of the Rules. Further submission of the petitioner is that Rule 20(2) of 2006 Rule provides that any orders passed/ appointment made prior to coming into force of this rule, will not be cancelled rather after coming into force of this rule such teachers/Siksha Mitra orders will be deemed to have been made properly under the Rule. Ignoring all these provisions in the rule, appointment of the petitioner has been terminated by the respondents in violation of rule of natural justice. 2006 Rule has been produced by the petitioner’s counsel and on perusal of the Rule I find that submission made by the petitioner’s counsel is corroborated by Rule 4(3) as well as Rule 20(ii) and (iii) of the Bihar Panchayat Primary Teachers (appointment and service condition) Rule 2006. Considering the aforesaid facts and circumstances of the case the order contained in Annexure-1 dated 29.8.2006 passed by the Block Development Officer Madhubani Block as well as the order dated 29.9.2006. passed by the Mukhia Gram Panchayat Raj, Daunaha, terminating the appointment of the petitioner as Siksha Mitra are quashed. This application is allowed. The respondents are directed to re-instate the petitioner with all consequential benefits. Sss/- (Mridula Mishra, J)