IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3189 of 2010 RINKU KUMARI D/O SRI RAM BABU RAI R/O VILL.- FATAHPUR, P.O. MATIHARI, P.S. AURAI, DISTT.- MUZAFFARPUR Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA. 3. THE DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA. 4. THE DISTRICT MAGISTRATE, MUZAFFARPUR, DISTT.- MUZAFFARPUR. 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, MUZAFFARPUR, DISTT.- MUZAFFARPUR. 6. THE BLOCK DEVELOPMENT OFFICER, AURARI, DISTT.- MUZAFFARPUR. 7. THE BLOCK EDUCATION EXTENSION OFFICER, AURARI, DISTT.- MUZAFFARPUR. 8. THE MUKHIYA, GRAM PANCHAYAT RAJ, SARHACHIYA, BLOCK- AURAI, DISTT.- MUZAFFARPUR. 9. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ, SARHACHIYA, BLOCK- AURARI, DISTT.- MUZAFFARPUR. ----------- For the petitioner : Mr. Pushpendra Kumar Singh. For the State : Mr. Arjun Pd. Singh, AC to SC 2. ------- 02. 09.12.2010 Annexure-9 is the order dated 29.2.2008, by virtue of which petitioner’s service as a Panchayat Teacher has been terminated on the ground that she did not have 45 per cent marks in the Intermediate at the time of her appointment. Learned counsel for the petitioner submits that this issue has already been decided in many a decisions, which came before this Court in similar circumstances and a decision rendered in the case of Suresh Ram (CWJC No.6964 of 2008) is brought to my notice. Since the matter has been settled even by an LPA Bench in LPA No.940 of 2007 in the background of government resolution No.2517 dated 4.7.2008, the reason for termination of the petitioner is 2 untenable. Counsel for the State does not dispute the decision brought to the notice of this Court or the ratio laid down therein. In view of the same Annexure-9 is quashed. The writ application is allowed with a direction upon the Mukhiya, Gram Panchayat Raj, Sarhachiya as well as Block Development Officer, Aurai, in the district of Muzaffarpur to ensure that the petitioner is put back on the post forthwith and allowed to work as such. rkp ( Ajay Kumar Tripathi, J.)