IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5816 of 2009 NIRALA KUMARI & ORS Versus THE STATE OF BIHAR & ORS ----------- 2. 12.05.2009 Heard learned counsel for the petitioners and the State. The petitioners claim to have acquired his qualifications from Hindi Sahitya Sammelan, Allahabad and are stated to have been appointed on different dates in May, 2005, December, 2006 and January, 2007. It is their case that the qualification of Madhyama Visharad obtained by them was equivalent to Intermediate, which was the prescribed qualification for appointment as Shiksha Mitra/Panchayat teacher. Reliance is placed on an order of this Court in CWJC No. 10748 of 2008 allowing the writ application by persons appointed in like manner holding that any policy decision of the State Government on the issue of equivalence of qualification for appointment has to be prospective from the date of the decision i.e. 20.11.2008 and cannot be made applicable retrospectively to annul the appointment made before that date. In view of the pronouncement of this Court in CWJC No. 10748 of 2008 on a similar matter, learned 2 counsel for the State has no objection to the disposal of this writ application in terms of the said order. It is submitted that if the petitioner is covered by the said order, he is entitled to be accorded similar treatment. If the Respondents propose to hold that the petitioner was not similarly situated, they are required to pass a reasoned and speaking order after granting opportunity of hearing to the petitioner, setting out the grounds and reasons for their satisfaction that the petitioner was not similarly situated as the petitioner in CWJC No. 10748 of 2008 and was, therefore, not entitled to be accorded similar treatment. This shall necessarily facilitate judicial review of such an order, if the occasion arises. Learned Senior Counsel for the petitioner next submits that time frame may be fixed for such consideration. The Courts’ order is meant to be complied forthwith, if no time is fixed. The Respondents cannot take refuge by urging that the Court has not fixed any time limit, as that shall be a clear case of an abuse of the power. The writ application stands disposed. AKS/ (Navin Sinha, J.)