IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15473 of 2008 Umarawati Devi, W/O Sri Lallan Baitha, resident of village Manjha Garh, P.O. Manjha Garh, P.S. Manjha Garh, District- Gopalganj. ………….. Petitioner Versus 1. The State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna 2. The Secretary, Department of Personnel and Administrative Reforms, Bihar, Patna 3. The Principal Secretary, Human Resources Department, Bihar, Patna 4. The Director, Primary Education, Human Resources Department, Bihar, Patna 5. The Commissioner, Saran, Chapra 6. The District Magistrate, Gopalganj 7. The Deputy Secretary, Department of Personnel and Administrative Reforms, Bihar, patna 8. The Deputy Development Commissioner, Gopalganj 9. The District Superintendent of Education, Gopalganj. ……….. Respondents ---------------------------------- 3. 29/11/2011 Learned counsel for the petitioner submits that the petitioner’s application for appointment as Panchayat Teacher was rejected in 2008 only on the ground that she was having a degree of Sahitya Bhushan from Hindi Vidyapith, Deoghar which degree was not recognized for appointment as Panchayat Teacher. Learned counsel for the petitioner submits that the degree of Sahitya Bhushan was recognized as equivalent to Intermediate Certificate if obtained with English as per the order of the Personnel and 2 Administrative Reforms Department contained in letter no.541 dated 11.1.1991. The said letter has been noticed and accepted as valid in the subsequent letter of the Department dated 29.7.2006, as contained in Annexure-4. He also submits that the other candidates with the same degree have been appointed as Panchayat Teacher by the respondents whereas petitioner has been denied consideration. He submits that the petitioner has obtained Sahitya Bhushan degree with English, therefore, she fulfils requirement of the said letter of the Personnel and Administrative Reforms Department. This writ application was filed in this Court on 15.10.2008 with service of two copies of the same in the office of learned Advocate General. However, till today, no counter affidavit has been filed. In the circumstances, petitioner is directed to file a complaint/representation before the statutory Appellate Authority constituted in terms of 2008 amendment in the Rules within four weeks from today. The Appellate Authority is directed to look into 3 the matter, issue notice to the Panchayat officials and other concerned authorities and decide with regard to eligibility of the petitioner for her appointment as Panchayat Teacher. If the said two letters of the Personnel and Administrative Reforms Department dated 11.1.1991 and 29.7.2006 are produced by the petitioner before the Appellate Authority, the Appellate Authority shall take them into account and shall ask for the comments from the Panchayat officials and other officials of the Department, as may be necessary, with regard to the validity and operation of the said letters. The matter should be decided on merits by the Appellate Authority positively within a period of three months from the date of filing of complaint/representation by the petitioner. The writ application is disposed of with the aforesaid observations and directions. Pradeep/ ( J. N. Singh,J.)