IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4100 of 2010 1. Sweta Kumari D/O Sri Baidyanth Prasad Singh,W/O Sri Indradeo Prasad Singh R/O Vill Pipraun,P.S.Harlakhi,Distt-Madhubani Versus 1. The State Of Bihar Through The Principal Secretary, Department Of Human Resources Development Government Of Bihar, Vikas Bhawan, Patna 2. The Principal Secretary, Department Of Human Resources Development Govt. of Bihar, Vikas Bhawan, Patna 3. The Director ,Primary Education Department Of Human Resources Development Govt. of Bihar, Vikas Bhawan, Patna 4. The District Magistrate, Madhubani 5. The Presiding Officer, Appellate Tribunal For Teacher Employment Distt-Madhubani 6. The District Superintendent of Education Madhubani 7. The Block Development Officer Harlakhi, Madhubani 8. The Block Education Extension Officer Umagaon, Madhubani 9. The Mukhiya Gram Panchayat Raj Phulhar, P.S.Harlakhi, Distt-Madhubani 10. The Panchayat Secretary, Gram Panchayat Raj Phulhar, P.S.Harlakhi, Distt-Madhubani 11. The Headmaster, Primary School Pipraun, Sheikh Tola @ Sheikh Toli, Parsa, Madhubani 12. Smt. Babita Mishra W/O Ranjeet Kumar R/O Vill Gangaur, P.O.Gangaur, Distt-Madhubani ---------------------------------- 4 14.12.2011 Annexure-7, the order of the Appellate Authority is under challenge in this case. The Appellate Authority, by the said order, has held that since the Government circular, de-recognizing the Madhyama Degree from Hindi Sahitya Sammelan, Allahabad, operated prospectively, the complainant, i.e., respondent no.12 herein 2 should have been considered for her appointment as Panchayat Teacher on the basis of the said degree as the process for appointment had been held much earlier to the issue of the said Government circular. Hence, the Appellate Authority has directed for inclusion of name of respondent no.12 in the panel and her appointment, removing some one from the panel. As a consequence, by Annexure-8, petitioner has been removed from service and the said respondent no.12 has been appointed. Learned Senior Counsel for the petitioner has pointed out that a Division Bench of this Court has authoritatively held that Madhyama Degree from Hindi Sahitya Sammelan, Allahabad was never recognized by this State as equivalent to Intermediate Degree. Hence, he submits that the candidature of respondent no.12 could not be considered on merits at any point of time for appointment as Panchayat Teacher. Learned Counsel for the State does not dispute the said law laid down by the Division Bench of this Court. Although the respondent no.12 has 3 appeared in this case through her learned counsel, but her learned counsel had not appeared in the case yesterday and is also not present today to assist this Court on behalf of respondent no.12. In the circumstances, in view of the laid down by the Division Bench, this writ application is allowed. The order of the Appellate Authority, as contained in Annexure-7, is quashed. The consequential order, as contained in Annexure-8, is also therefore quashed. Respondents shall restore the services of the petitioner with all consequential benefits by removing the respondent no.12 from service since she was appointed on the basis of the impugned order of the Appellate Authority which has been quashed by this Court. The order in this regard must be passed by the respondents within two months from the date of receipt/production of a copy of this order. Arvind/ ( J.N. Singh, J.)