IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14145 of 2009 1. ANJNI KUMAR S/O SHRI RAM SINGH VILL- BAIJNATHPUR, P.O. BAIJNATHPUR, P.S. SITAMARHI, DISTT. NAWADAH, POSTED AS PANCHAYAT TEACHER, OF BARAT GRAM PANCHAYAT IN MIDDLE SCHOOL, BAIJNATHPUR, DISTT. NAWADAH Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY-CUM-COMMISSIONER HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA, OFFICE- NEW SECRETARIAT BUILDING, BAILEY ROAD, PATNA- 1 3. THE DISTRICT SUPERINTENDENT OF EDUCATION NAWADAH 4. THE BLOCK EDUCATION EXTENSION OFFICER BLOCK MASKAUR, DISTT. NAWADAH 5. THE MUKHIYA, GRAM PANCHAYAT BARAT UNDER MASKAUR BLOCK, P.S. SITAMARHI, DISTT. NAWADAH ----------- 2 28.1.2010 Heard Counsel for the petitioner and the counsel appearing for the State. Petitioner’s prayer is for quashing of the orders passed by the District Superintendent of Education, Nawadah contained in memo no. 3076 dated 10.10.2009, whereby his initial appointment as Panchayat Shikha Mitra has been cancelled as a consequence of which, his absorption on the post of Panchayat teacher has also been cancelled. Petitioner was appointed as Panchayat Shiksha Mitra in the year 2003 and at that time he was matriculate. Subsequently 2 the qualification for appointment of Panchayat Shiksha Mitra was enhanced vide department letter no. 1458 dated 11.8.2004. For being appointed as Panchayat Shiksha Mitra the requisite qualification was intermediate. Petitioner’s case is that he has joined intermediate classes as a regular student in Gaya Evening College, Gaya prior to his joining as Panchayat Shiksha Mitra in the Session 2000-2002. Prior to his joining as Shiksha Mitra, he completed his classes. Subsequently for the purpose of appearing in the examination, he took admission in Nardiganj College on transfer basis. He appeared in the examination as regular student from that College, seeking permission from Mukhiya and Panchayat Secretary of Barat Gram Panchayat. Subsequently he was absorbed on the post of Panchayat Teacher with effect from 1.7.2006. Subsequently an inquiry was conducted and appointment of 3 petitioner has been cancelled by the orders of the District Superintendent of Education on this ground that without seeking permission from the concerned authority, he attended classes on regular basis for appearing in the Intermediate examination, which is in violation of his service conditions Rule, as such his appointment as Panchayat Shiksha Mitra and continuation on the post of Panchayat Teacher is illegal. On perusal of different annexures, it is apparent that the petitioner had attended classes in the sessions 2000-2002 as a regular candidate. He joined on the post of Panchayat Shiksha Mitra in the year 2003. Subsequently he took admission in Nardiganj College, Nawadah on transfer in the Session 2003- 2005 for purpose of appearing in the examination. The Principal of the Nardiganj College has also issued certificate that during 2003-2005 Sessions, he was allowed to appear 4 in the examination on the basis of his attendance in the earlier sessions. Petitioner has also annexed the permission accorded by the Mukhiya and Panchayat Secretary of the concerned Gram Panchayat for appearance in the examination. I do not find that there was any illegality in enhancing his qualification by the petitioner as a regular student, during the service. The impugned order issued by the District Superintendent of Education, Nawadah is also bad for the reason that after petitioner’s absorption on the post of Panchayat Teacher, his service could not have been terminated by the District Superintendent of Education, as he is not competent under the Rules for passing such orders. The impugned order is also bad for the reason that in violation of rules of natural justice petitioner has been dismissed from his service without following the due procedure for passing such orders. 5 For all these reasons, the impugned order is quashed. This application is allowed. Petitioner is directed to reinstate on the post with effect from the date he has been terminated from service, with all consequential benefits. (Mridula Mishra,J.) A.Kumar