IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16140 of 2008 REENA PANDIT, Daughter of Late Atwari Pandit, Resident of Village-Ajhour, P.S.-Nimachandpura, District-Begusarai. ………….Petitioner. Versus 1. The State of Bihar. 2. The Principal Secretary, Department of Human Resources Development, Govt. of Bihar, Patna. 3. The District Magistrate, Begusarai. 4. The District Superintendent of Education, Begusarai. 5. The Block Development Officer, Naw Kothi, Begusarai. 6. The Block Education Extension Officer, Nawkothi, Begusarai. 7. The Principal, Middle School Rajakpura, Nawkothi, Begusarai. ………..Respondents. ----------- 2/ 16.09.2009 Petitioner is aggrieved on account of her termination from the post of Block Teacher. She was appointed as teacher in Middle School, Rajakpura, Nawkothi, Begusarai considering her qualification of Up- shastri. At the time of petitioner’s appointment in the year, 2007, Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules 2006, was in operation and under this rule there was specific provision that persons having Intermediate or equivalent degree will be eligible for appointment on the post of Block/Panchayat Teacher. Subsequently, Letter No. 4240 dated 15.11.2007 and Memo No. 2171 dated 29.11.2007 were issued by the Principal 2 Secretary, Department of Human Resources Development, Government of Bihar, Patna, directing that the persons having Up-shastri degree, if appointed on the post of Panchayat/Block Teacher, they should be removed as Up- shastri degree is not equivalent to Intermediate degree. The letter issued by Principal Secretary, Department of Human Resources Development, Government of Bihar, Patna by Letter No. 4240 dated 15.11.2007 has already been considered by this Court in C.W.J.C. No. 2456 of 2008 and it has been held that on the basis of this executive order appointment made under the provisions of 2006 rules cannot be held to be illegal since Rule provided qualification for appointment as Intermediate or equivalent degree. The Up-Shastri degree was not considered equivalent to Intermediate, as such appointments have already been made. Considering the Up-Shastri degree cannot be considered as illegal in the light of order of this Court in C.W.J.C. No. 2456 of 2008 dated 2.9.2008 contained in letter No. 2871 issued by Block Education Extension Officer, Begusarai held to be illegal and arbitrary. Accordingly, the impugned order dated 3 02.09.2008 contained in Letter No. 2871 is quashed. The respondents are directed to reinstate the petitioner with effect from the date of her termination in the same school wherein she was working, with all consequential benefits. Sanjeet/ (Mridula Mishra, J.)