IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15307 of 2009 1. RENU KUMARI W/O SHRI DEO CHANDRA SINGH VILL- POTGAH, P.S. HARLAKHI, DISTT. MADHUBANI Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY DEPTT. OF HUMAN RESOURCES DEVELOPMENT, GOVT. OF BIHAR, VIKASH BHAWAN, PATNA 2. THE PRINCIPAL SECRETARY DEPTT. OF HUMAN RESOURCES DEVELOPMENT, GOVT. OF BIHAR, VIKASH BHAWAN, PATNA 3. THE DIRECTOR PRIMARY EDUCATION, GOVT. OF BIHAR, DEPTT. OF HUMAN RESOURCES DEVELOPMENT, VIKASH BHAWAN, PATNA 4. THE DISTRICT MAGISTRATE MADHUBANI 5. THE DISTRICT SUPERINTENDENT OF EDUCATION MADHUBANI 6. THE BLOCK DEVELOPMENT OFFICER HARLAKHI, DISTT. MADHUBANI 7. THE BLOCK EDUCATION EXTENSION OFFICER HARLAKHI, DISTT. MADHUBANI 8. THE MUKHIYA GRAM PANCHAYAT RAJ NARHANIA @ NAHARNIA P.S. HARLAKHI, DISTT. MADHUBANI 9. THE PANCHAYAT SECRETARY GRAM PANCHAYAT RAJ NARHANIA @ NAHARNIA, P.S. HARLAKHI, DISTT. MADHUBANI ----------- 2 19.2.2010 Heard counsel for the petitioner and the counsel appearing for the State. Initially the petitioner was appointed on the post of Panchayat Shiksha Mitra, vide letter no.24-29, dated 29.8.2003 for a period of eleven months, which was subsequently extended on two occasions. While on the third occasion the petitioner’s engagement had already been extended, she was restrained to 2 discharge her duty vide departmental letter no.672, dated 21.4.2005. By this letter the department had modified the requisite qualification, which was earlier matriculation, now it was made intermediate, but subsequently the department came out with Resolution no. 2517 dated 4.7.2008, whereby it was directed that Panchayat Shiksha Mitra, who had less than intermediate qualification or less than 45% marks, if terminated earlier should be reinstated subject to the consideration that they have enhanced their qualification within 33 months of their initial appointment. Petitioner has completed her intermediate qualification on 28.5.2008 i.e. before the letter No. 2517 dated 4.7.2008 issued by the State Government. The issue relating to enhancement of qualification within 33 months of the initial appointment of a Panchayat Shiksha Mitra has already been considered by this Court in 3 CWJC No. 3700 of 20090 (Indu Devi vs. State of Bihar and others), whereby it has been held that the Government circular No. 2517 dated 4.7.2008 being an executive order, could not have been made retrospective, since it well settled that no executive order, direction can be made effective retrospectively. In this very decision a finding has been recorded:- “Petitioner is now intermediate and possesses qualification for continuing in service as Primary teacher simply because she passed her course on 20.9.2006 i.e. seven months later to the date on which she completed 33 months from the date of her initial appointment, cannot be a ground for termination from service. Intention behind fixing time for acquiring enhanced qualification of intermediate must have been to improve educational qualification and knowledge capacity of Sikcha Mitra, already absorbed on the post of Panchayat teachers. 4 Enhancement of qualification was essential for improving standard of teaching in Primary schools, which is the starting point of educational system. It is for the benefit of both the i.e. teachers and students. Intention behind these Government Circulars in no case can be punitive and should not be used as a weapon to harass Panchayat Shiksha Mitra already absorbed as Teachers.” The case of the petitioner is fully covered by this decision in CWJC No. 3700 of 2009 (Indu Devi vs. State of Bihar and others.). Accordingly, a direction is issued to the respondents, Block Education Extension Officer, Harlakhi, Madhubani, Mukhiya of Gram Panchayat Raj Narhania, P.S. Harlakhi, Madhubani and Panchayat Secretary of the same Gram Panchayat to accept the joining of the petitioner on the post of Panchayat Teacher in the concerned school where she 5 was earlier working. The writ application stands allowed. (Mridula Mishra,J.) A.Kumar