IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15433 of 2009 1. MANOJ KUMAR RAM S/O SHRI KOMAL RAM, R/O VILL- KABIRPUR, P.O-KABIRPUR, P.S- MAIRWA, DISTT- SIWAN Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION, BIHAR,PATNA 4. THE DISTRICT MAGISTRATE, SIWAN 5. THE DIVISIONAL COMMISSIONER, SARAN DIVISION AT CHAPRA 6. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM- CHAIRMAN, DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, SIWAN 7. THE DISTRICT SUPERINTENDENT OF EDUCATION, SIWAN 8. THE DISTRICT SUPERINTENDENT OF EDUCATION-CUM- DISTRICT PROGRAMME COORDINATOR, BIHAR EDUCATION PROJECT, SIWAN 9. THE BLOCK EDUCATION OFFICER, MAIRWA, DISTT- SIWAN 10. THE BLOCK EDUCATION OFFICER null MAIRWA, DISTT-SIWAN 11. THE MUKHIYA OF GRAM PANCHAYAT RAJ KABIRPUR, ANCHAL-MAIRWA, DISTT- SIWAN 12. THE PANCHAYAT SECRETARY OF GRAM PANCHAYAT RAJ KABIRPUR ANCHAL-MAIRWA, DISTT- SIWAN ----------- 2 23.2.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner was initially appointed as Panchayat Shiksha Mitra, having Intermediate qualification but percentage of marks, less than 45%. The Principal Secretary, Human Resources Development Department, 2 Government of Bihar, Patna thereafter took a decision that the persons who were appointed, having matriculation qualification, they shall not be retained. It was also decided that the persons having less than 45% marks with Intermediate will also not be retained. However such decision of the State Government was challenged before the High Court and the Division Bench in LPA No. 940 of 2007 passed an order, whereby the persons appointed having matriculation degree were allowed to be reinstated, in case of enhancement of their qualification, within 33 months from the date of initial appointment. The persons having Intermediate degree having less than 45% marks were also directed to be reinstated. The Government in compliance of the judgment and order passed by the Division Bench came out with the resolution contained in letter no. 2517 dated 4.7.2008, whereby a 3 direction was issued to reinstate/retain such persons who were earlier appointed on the basis of matriculation qualification or on the basis of their Intermediate qualification but having less than 45% marks. Petitioner’s grievance is that though the issue had already been decided by the High Court and the State Government has also taken similar decision in the matter but the petitioner, appointed on the post of Panchayat Shiksha Mitra on the basis of his Intermediate qualification, having less than 45% marks, is not being allowed to continue on his post. Petitioner’s case is that after his selection he was sent for training but not allowed to continue his training because he has less than 45% marks in Intermediate. This application is being disposed off giving direction to the District Teachers Employment Appellate Tribunal to examine the matter. In case the Tribunal is satisfied 4 that the petitioner was duly appointed on the post of Panchayat Shiksha Mitra but not allowed to continue on his post simply because he had less than 45% marks, in that case, a definite order be passed in favour of the petitioner for his reinstatement on the post with all consequential benefits in the light of the Government Resolution contained in memo no. 2517 dated 4.7.2008. The Tribunal will pass orders in this matter within the statutory period from the date of production/communication of this order. (Mridula Mishra,J.) A.Kumar