IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12502 of 2009 HARI SHANKAR BAITHA . Versus THE STATE OF BIHAR & ORS . ----------- 2 7.12.2009 Heard Counsel for the petitioner and the Counsel appearing for the State. Petitioner has prayed for quashing the part of the direction of the District Superintendent of Education-cum- District Programme Coordinate, East Champaran contained in letter No. 2951 dated 11.12.2007, whereby a direction has been issued to cancel the appointment of Panchayat Teachers who possess Up-Shashtri degree. Further prayer is for quashing the Office order of Block Education Extension Officer-cum-Block Resources Centre Coordinate, Kotwa, East Champaran, contained in memo No. 77 dated 25.7.2008, whereby appointment of all such teachers who were appointed on the basis of their Up-Shastri/Uttar Madhyama degree equivalent to Intermediate, have been cancelled in pursuance of the direction of the District Superintendent of Education. Petitioner’s appointment has also been cancelled in the light of these two orders. Petitioner has passed his Uttar Madhyama degree in the year 2 2006 from Sampurnanand Sanskrit Vishwavidyalaya, Varanasi. Sampurnanand Sanskrit Vishwavidyalaya, Varanasi is established by Government of Uttar Pradesh and as submitted by the petitioner’s counsel, it is also recognized by the University Grants Commission. The Uttar Madhyama degree is equivalent to Up-Shastri as well Intermediate degree. Counsel for the petitioner submits that the issue relating to appointment on the post of Panchayat/Prakhand Teacher of the persons having degree of Up-Shastri/ Uttar Madhayama has already been decided by this Court in cases of similarly situated persons in CWJC No. 15756 of 2008 and analogous cases. In this decision, it has been held that educational qualification of Panchayat Teachers is fixed under Rule 8 (Ka) of Bihar Panchayat Prarambhik Shikshak (Niyojan Evam Seva Shart) Niyamawali, 2006, i.e. higher secondary/Intermediate or equivalent examination passed from the Institutions recognized by the Government. Since the petitioner possessed qualification of Uttar/Madhyama, which is equivalent to Intermediate, which was requisite qualification under 2006 Rules, as such he was appointed on the post of Panchayat Teacher. Since Rule 2006 provided for appointment of 3 such teachers considering that qualification, and in case the Human Resources Development Department subsequently came out with resolution to upgrade those qualifications, as 2008 Rules, that could not have been a ground for termination of service of the petitioner as any amendment made subsequently cannot be made operative retrospectively. Accordingly, the impugned order contained in Annexures 6 and 7 are quashed. Respondent authorities are directed to reinstate the petitioner with all consequential benefits. The writ application stands allowed. (Mridula Mishra,J.) A.Kumar