IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3736 of 2011 Tuntun Kumar Son Of Rashtra Bhushan Jha Resident Of Village & P.O. - Sukh Sena, P.S. - Barahara Kothi, Town & District - Purnia. ………….. Petitioner. Versus 1. The State of Bihar Through The Principal Secretary -Cum- Commissioner, Human Resources Development Department, Govt. of Bihar, New Secretariat, Patna. 2. The Secretary, Primary Education, Govt. of Bihar, New Secretariat, Patna. 3. The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna. 4. The District Education Superintendent -Cum- District Programme Coordinator, Purnia, Kali Bari Road, Bhatta Bazar, Purnia. 5. The Block Education Extension Officer, Barhara Kothi, Purnia. 6. The Mukhia, Gram Panchayat Raj Barhara, Block - Barhara Kothi Purnia. 7. The Panchayat Secretary, Gram Panchayat Raj Barhara Kothi, Block - Barhara Kothi, District - Purnia. ……….. Respondents. --------- For the Petitioner : - Mr. Amaresh Kumar Sinha, Advocate Mr. Vijay Kumar, Advocate For the State : - Mr. Sunil Kumar, AC to GP 23. ---------------------------------- 02/ 07.12.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks quashing of the letter dated 06.01.2011 issued by the Block Education Extension Officer, Barhara Kothi, Purnea by which he has directed the Panchayat authorities to remove the Panchayat teachers having Up-Shastri degree and also for quashing the consequential letter dated 29.01.2011 issued under the joint signatures of Mukhiya and Panchayat Secretary of Gram Panchayat Raj Barhara 2 Kothi, Purnea by which petitioner’s appointment has been declared illegal and his salary has been stopped. The brief facts for the decision of the present case is that the petitioner applied against an advertisement for appointment of Panchayat teacher and appointment letter dated 26.06.2007 was issued for the same and he joined in the Panchayat School on 02.07.2007. The petitioner at the time of his appointment was holding degree of Up-Shastri from Kameshwar Singh Darbhanga Sanskrit University, which was treated as equivalent to Intermediate by the Govt. circulars at the relevant time. Under Rule 8 of the Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006, which have been framed under Article 309 of the Constitution of India, the requirement for appointment on the post of Panchayat teacher was that of Intermediate or equivalent. However, by letter dated 15.11.2007 issued by the Principal Secretary, Human Resources Development Department, Govt. of Bihar it was stated that the said degree although equivalent to Intermediate, was not suitable for the appointment of Panchayat 3 teacher. Pursuant to the same the impugned letter dated 06.01.2011 was issued by the Block Education Extension Officer directing the Panchayat authorities to remove the Panchayat teachers and letter dated 29.01.2011 was issued by the Mukhiya and Panchayat Secretary of Gram Panchayat Raj Barhara Kothi, Purnea holding the appointment of petitioner illegal and stopping his salary. Learned counsel for the petitioner submits that the Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006 having been framed under Article 309 of the Constitution of India are statutory in nature and cannot be modified or overridden, by executive instructions or circulars issued by the departmental authorities. In support of the said proposition he relies upon a decision of a learned Single Judge of this Court in the case of Ribha Rani & Ors. Vs. The State of Bihar & Ors. 2009 (2) P.L.J.R. 867 in para 5 of which it has been laid down as follows:- “On a proper consideration of the submissions advanced by both the parties, 4 this Court finds merit in the submission made on behalf of the petitioners. They have a valid cause of action against their threatened removal. The executive decision contained in Annexure-1 which is basis for Annexure-2 is found to be contrary to eligibility criteria laid down in the Rules. Such a change in the eligibility criteria cannot be treated as clarification or an order removing defects in implementation of the rules. Such changes can be brought about only by suitable amendment in the Rules. It is also found that provisions in Rule 20(i) will not amount to, supersession of all circulars, decisions and rules which are not directly related only to the appointment of primary teachers/physical teachers/panchayat teachers. The equivalence of degrees and recognition of institutions by the State Government in the Department of Education or Personnel 5 have purposes other than merely of appointment to post of such teachers as are mentioned in Rule 20(i). However, it goes without saying that if the State Government is so inclined it can alter its earlier policy decisions but only from a prospective date.” Learned counsel for the State is unable to meet the aforesaid contention on behalf of the petitioner but reiterates that the appointment of the petitioner has been cancelled only on the basis of the circular dated 15.11.2007 issued by the Principal Secretary of the department. On a consideration of the submissions of the learned counsels of the parties, this Court finds sufficient force in the submission of the learned counsel for the petitioner. It is a settled proposition that a statutory rule can only be modified by the competent statutory authority and not by issuance of any executive instructions or orders. The point with respect to the Up-Shastri degree has also been settled by the aforesaid decision of 6 this Court in Ribha Rani’s case (supra) and in that view of the matter, the impugned orders dated 06.01.2011 issued by the Block Education Extension Officer, Barhara Kothi, Purnea and the letter dated 29.01.2011 issued by the Mukhiya and Panchayat Secretary of Gram Panchayat Raj Barhara Kothi, Purnea cannot be sustained and they are, accordingly, quashed. The petitioner is directed to be reinstated in service with all consequential benefits. The writ application is, accordingly, disposed of in terms of the aforesaid observations and directions. DKS/ (Ramesh Kumar Datta, J.)