IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2854 of 2010 1. SARITA KUMARI W/O LATE NARENDRA KUMAR R/O VILL. AND P.O.- SONA GOPALPUR, P.S.- GOPALPUR, BLOCK- SAMPATCHAK, DISTT.- PATNA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, DEPTT. OF HUMAN RESOURCES DEVELOPMENT, BIHAR, PATNA 3. THE SECRETARY, DEPTT. OF PRIMARY AND ADULT EDUCATION, BIHAR, PATNA 4. THE DEPUTY DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA 5. THE DISTRICT MAGISTRATE, PATNA 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, PATNA, DISTT.- PATNA 7. THE BLOCK EDUCATION EXTENTION OFFICER, PATNA (SAMPATCHAK), DISTT.- PATNA 8. THE MUKHIYA, GRAM PANCHAYAT RAJ SONA GOPALPUR, P.S.- GOPALPUR, DISTT.- PATNA 9. THE PANCHAYAT SACHIV, PANCHAYAT RAJ SONA GOPALPUR, P.S.- GOPALPUR, DISTT.- PATNA 10. THE MEMBER, DISTRICT TEACHERS EMPLOYMENT APPELLATE TRIBUNAL, COMPUTER BHAWAN, BALIKA HIGH SCHOOL, BANKIPUR, PATNA, BIHAR ----------- For the petitioner: Mr. Yugal Kishore, Advocate & Mr. Arvin Kumar, Advocate For the State: G.P.13 ---------- 2 9.12.2010 Heard learned counsel for the parties. Annexure-11 dated 30th December, 2009 issued by the District Superintendent of Education is under challenge in the present writ application. This order is follow up action to the decision rendered by the District Appellate Authority, Patna which is annexure-12 to the writ application. Petitioner is seeking quashing of this order on the ground that the decision rendered by the appellate authority in so far as relates to the present petitioner is based on erroneous decision because the petitioner could not be removed from service merely on the ground that she has less than 45% of the marks in the Intermediate Examination at the time of her initial engagement - 2 - as Panchayat Shiksha Mitra. She also challenged the order of respondents on the ground that the decision is against the principle of natural justice. Learned counsel for the petitioner has drawn my attention to the decision which was rendered in CWJC No. 3572 of 2007 which is the case of Sujta Devi @ Sujata Kumari vs. State of Bihar. Learned Single Judge after considering the similar kind of situation allowed the writ application categorically holding that vide memo no. 2517 dated 4.7.2008 issued by the State Government no Panchayat Shiksha Mitra securing less than 45% of the marks in the Intermediate Examination need to be dismissed from service on that ground alone. Similar is the view taken in yet another decision which has been annexed as annexure-13 to the writ application which is the case of Sandhya Kumari vrs The State of Bihar & others along with another analogous case which were disposed of on 19.3.2009. The decision being what they are obviously the District Appellate Authority has misunderstood or not applied the law in the right prospective and the consequential order thereafter therefore also is an invalid piece of order. Learned counsel for the State does not dispute the proposition of law laid down in the decisions referred to above. Keeping the ratio of the decisions referred to above, annexure-11 which is the order of District Superintendent - 3 - of Education, and the decision of appellate authority contained in annexure-12 so far as relates to the present petitioner are quashed. The petitioner will continue to work on the post as a consequence of the intervention of this Court in the above stated circumstances. The District Superintendent of Education, Patna is hereby directed to ensure that the petitioner joins her post forthwith preferably within a period of two weeks from the date of production or communication of a copy of this order. This writ application is allowed with the above direction. RPS (Ajay Kumar Tripathi, J.)