IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15831 of 2008 SUNITA KUMARI wife of Jawahar Pandit, resident of Village Maheshpur P.S. Bhagwanpur, District Begusarai Versus 1.THE STATE OF BIHAR 2.Principal Secretary, Human Resources Department, Government of Bihar, Patna. 3.Director, Primary Education, Bihar Patna. 4.District Collector, Begusarai 5.Deputy Development Commissioner, Begusarai. 6.District Superintendent of Education,Begusarai. 7.Prakhand Vikash Padadhikari,Bhagwanpur,Begusarai. 8.Prakhand Siksha Prasar Padadhikari, Bhagwanpur, Begusarai 9.Mukhiya Gram Panchayat Raj Maheshpur Block Bhagwanpur District Begusarai 10.Gram Panchayat Secretary,Maheshpur Gram Panchayat Prakhand Bhagwanpur Begusarai. ----------- 2 19.1.2009. Petitioner was appointed as Prakhand Teacher in Bhagwanpur Block under the provisions of Primary Teachers (appointment and service conditions) Rules 2006. Now she has been terminated from service by the impugned order dated 25.8.2008 issued by the Block Development Officer, Bhagawanpur for the reasons that she possesses Up Shastri degree. The impugned order terminating the service of the petitioner was issued in the light of letter no.4240 dated 15.11.2007 of Human Resources Department whereby the persons holding Up Shastri degree are held to be not entitled for appointment as Primary Block Teacher. Counsel for the petitioner has submitted that this Court in C.W.J.C.No.2456 of 2008 and its analogus cases has held that contrary to 2006 rules on the basis of an executive instruction eligibility criteria for being appointed as Primary teacher cannot be amended. In this decision it has also been held that the government, if so inclined to alter/amend the rules that will be only from a 2 prospective date. The Rule has been amended in August 2008. Petitioner was appointed much earlier under 2006 rules when no such rule was there fixing eligibility criteria regarding Up Shashtri degree. The effect of amended rules being prospective that cannot have any application in the present case. Considering the submissions made by the petitioner’s counsel as well as the decision of this Court in C.W.J.C.No.2456 of 2008 and its analogus cases the impugned order dated 25.8.2008 passed by the Block Education Extension Officer, Bhagwanpur terminating the service of the petitioner as Block teacher is quashed. The respondents authorities are directed to re-instate the petitioner immediately on the post of Block Teacher with all consequential benefits. This application is allowed. Sss/- (Mridula Mishra, J)