IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3345 of 2010 1. ABHIJIT KUMAR S/O LATE MAHADEV MANDAL R/O VILL.- SAKHUA TOLA, P.O.- MADHOPUR, P.S.- DHAMDAHA, DISTT.- PURNIA------- --------------------------------------PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HUMAN RESOURCE DEVELOPMENT DEPTT. GOVT. OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY HUMAN RESOURCE DEVELOPMENT DEPTT. GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION GOVT. OF BIHAR, PATNA 4. THE DISTRICT EDUCATION SUPERITENDENT-CUM-DISTRICT PROGRAMME COORDINATOR, PURNIA KALI BARI ROAD, BHATTA BAZAR, PURNIA 5. THE BLOCK EDUCATION EXTENSION OFFICER DHAMDAHA WEST, PURNIA 6. THE MUKHIA, GRAM PANCHAYAT RAJ KISHANPUR BALUA BLOCK AND ANCHAL - DHAMDAHA, PURNIA 7. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT KISHANPUR BALUA BLOCK AND ANCHAL - DHAMDAHA, PURNIA 8. THE PRINCIPAL, PRIMARY SCHOOL SAKHUA TOLA, GRAM PANCHAYAT KISHANPUR BALUA, BLOCK AND ANCHAL- DHAMDAHA, PURNIA-----------------------RESPONDENTS ----------- For the Petitioner: Mr. Amaresh Kumar Sinha, Advocate For the State: Mr. Aslam Ansari, AC to SC-14 ---------- 2 10.12.2010 Heard learned counsel for the parties. Annexure-8 is the order by virtue of which petitioner who was appointed as a Shiksha Mitra came to be removed because he failed to obtain intermediate degree within 33 months of his engagement. Contention of learned counsel for the petitioner is that his case is squarely covered by a decision rendered by a Bench of this Court in a batch of cases related to Indu Devi vrs. The State of Bihar (CWJC No. 3700 of 2009 disposed of on 14.7.2009. The matter was considered in a quite detail after having heard learned counsel for the State and taking into consideration the Circular No. 2517 dated 4.7.2008 issued by the respondent State it was held that no removal can be effected on the - 2 - ground of delay having been caused in obtaining intermediate degree. The case of the petitioner is covered by the said decision. Therefore annexure-8 is quashed. Petitioner will be put back in service forthwith, if he has been removed. Petitioner will get the benefit of this order on reinstatement. This writ application is allowed with the above direction. RPS (Ajay Kumar Tripathi,J.)