IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No.6531 of 2009 Md. Masud Alam, son of Md. Mustuza Ansari of village Bhavanipur (Gachhitola) PO and PS Mansoor Chak district Begusarai, Panchayat Teacher (Terminated) in Urdu Middle School, Alamchak in Mansoor chak Block of district Begusarai .. Petitioner Versus 1. The State of Bihar 2. Principal Secretary, Human Resources Department, Government of Bihar, Patna 3. Director, Primary Education, Bihar, Patna 4. District Magistrate-cum-Collector, Begusarai 5. District Superintendent of Education, Begusarai 6. Prakhand Vikash Padadhikari, Mansoorchak, district Begusarai 7. Prakhand Shikasha Prasad Padadhikari, Mansoor chak, district Begusarai 8. Mukhiya Gram Panchayat Raj Mansoor chak Block Mansoorchak, district Begusarai 9. Gram Panchayat Secretary, Mansoorchak at Mansoor Block district Begusarai 10. Headmaster, Urdu Middle School Alamchak Block Mansoorchak, district Begusarai .. Respondents **** For the petitioner .. M/S Kaushal Kr. Singh & Niraj Kumar 1, Advs. For the State .. Mr. Roy Shivaji Nath, A.A.G. IV **** /2/ 22.06.2009 Heard the counsel for the petitioner and the State. 2. Petitioner has filed this application for quashing the order, contained in Letter No. 879, dated 17.04.2009, issued by the District Superintendent of Education, Begusarai, whereby the petitioner has been terminated from service of Panchayat 2 Teacher/Prakhand Teacher in the light of the general direction of the Principal Secretary, Human Resources Department, Government of Bihar, Patna, contained in Letter No. 4240, dated 15.11.2007. By this letter the Principal Secretary, Human Resources Department, Government of Bihar, had issued a general direction to all concerned authorities that Up-Shastri passed teachers are not eligible for appointment on the post of Panchayat Teacher/Prakhand Teacher even though the degree is considered equivalent to the intermediate. 3. This question where Up-Shastri degree was considered and decided by this Court in C.W.J.C. No. 2456 of 2008 and analogous cases several cases (Ribha Rani & Ors. Vrs. The State of Bihar & Ors.). In this case also petitioners were terminated from the post of Panchayat Teacher as they were appointed on the basis of their Up-Shastri degree treating it equivalent to intermediate degree. Their appointment was also made in accordance with the provisions under appointment rule, but, subsequently they were terminated on the basis of an executive direction whereby Up-Shastri degree was directed not to be treated as equivalent to intermediate degree. In this decision, it was held that on the basis of executive decisions appointment made as per the provision under the rule can not be terminated if the candidates at the time of appointment had fulfilled eligibility criteria as per the rules. The eligibility criteria mentioned 3 in the rules can be changed only by bringing suitable amendment in the rules. Petitioner’s counsel has annexed two orders of this Court as Annexures 3 and 3/1 which have been decided in the light of Ribha Rani & others cases. 4. Petitioner’s case is that he was appointed in the year 2003 and at that time Up-Shastri degree was considered as equivalent to intermediate. Accordingly, he fulfilled the eligibility criteria. Subsequently, in the year 2008 the rules were amended and Up-Shastri degree now is not considered as equivalent to intermediate degree and candidates holding such degree and not considered eligibility for appointment. Counsel for the petitioner submits that his case is fully covered by Rabha Rani’s case as well as cases decided by Annexures 3 and 3/1. 5. Counsel for the petitioner has submitted that till date no termination order has been issued canceling his appointment, but, he has simply been stopped from discharging his duties on the basis of general direction, contained in Letter No. 879, dated 17.04.2009. 6. Considering these facts, the Headmaster of Urdu Middle School, Alamchak Block Mansoorchak, district Begusarai, and the District Superintendent of Education, Begusarai, are directed to allow the petitioner to discharge his duties as Panchayat Teacher/Prakhand Teacher. Since, no termination order has been issued in favour of the petitioner, as such, no question arises for 4 quashing of termination order. The petitioner will resume his duties and he will be treated as working continuously on the post without any break. He will be also entitled for salary for the period during which he was stopped from discharging his duty on account of an illegal and arbitrary order of the Head Master of the school concerned as well as the District Superintendent of Education, Begusarai. 5. This application is allowed. Cp:2/S.A. (Mridula Mishra, J.)