IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15085 of 2007 Kamini Kumari, daughter of Sri. Pakshdhar Jha, resident of village- Maheshi, Police Station-Bibhutipur, District-Samastipur. …….Petitioner Versus 1. The State Of Bihar 2. Commissioner and Secretary, Human Resources Department, Government of Bihar, Patna. 3. Director, Primary Education Department, Government of Bihar, Patna. 4. District Superintendent of Education-cum-District Programme Coordinator, Bihar Siksha Pariyojna, Samastipur, District-Samastipur 5. Block Education Extension Officer, Bibhutipur, District-Samastipur 6. Mukhia, Gram Panchayat Maheshi, District-Samastipur 7. Panchayat Secretary, Gram Panchayat Maheshi, Prakhand-Bibhutipur, District-Samastipur …….Respondents ----------- For the Petitioner : Mr. Gyanand Roy, Adv. For the State : Mr. A.A.G 10 ----------- 03. 18.03.2009 Petitioner by this writ application challenges the order dated 23.10.2007 under memo No. 69 of the Panchayat Secretary, Gram Panchayat, Maheshi by which her services as a Panchayat Teacher has been terminated on the ground that she was found not eligible for appointment as she has passed Intermediate examination with Vocational Course which was not equal to Intermediate and which was the main requirement for the post. In my view, this question is not open to debate any longer. It is now settled by the decision of this Court - 2 - in C.W.J.C. No. 1631 of 2007 and several other cases that Intermediate with Vocational course is nothing but equal to Intermediate and no distinction can be drawn for the purposes of educational qualification for the post of Panchayat Teacher. The principle has since been affirmed by the division Bench in L.P.A. No. 469 of 2008. In view of the aforesaid facts, I have no option but to quash the order of the Panchayat Secretary as contained in Annexure-1. Petitioner would be deemed to be in service for all purposes including her remuneration and continuity in service. On behalf of the State, it is submitted that it is possible that by now the vacant post may have been filled up. In my view that is of no consequence. If the termination has been found to be illegal, it is for the respondents to find ways to reinstate the petitioner with all her back wages immediately. The writ petition is thus allowed. Shageer (Navaniti Prasad Singh, J.)