IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11176 of 2009 MANOJ KUMAR BHARTI Versus THE STATE OF BIHAR & ORS ----------- For the petitioner: Mr. Sharda Nand Mishra Mr. Dhananjay Kr. Gupta Mr. Deepak Kumar For the state : Mr. Arun Kr. Pandey Mr. A.C. to G.P.-XI 2. 28.10.2009 Heard the counsel for the petitioner and the counsel appearing for the state. Petitioner has prayed for quashing the order dated 03.02.2007 issued by the Mukhiya of Gram Panchayat Daparkha, block-Triveniganj in the district of Supaul whereby petitioner has been terminated from his service as Panchayat Teacher on the ground that his appointment was made considering his qualification of Upshastri. The ground for termination is that Upshastri is not an equivalent qualification to intermediate which is the requisite qualification for being appointed as Panchayat Terahcer. This issue has already been decided by this court in C.W.J.C. No. 2456 of 2008 and analogous cases (Ribha Rani & Ors Vs The State of Bihar & Ors.) Since the issue has been settled and it has been held that there was a provision under Bihar Panchayat Primary Teachers (Appointment & Service Conditions) Rules, 2006 whereby persons possessing intermediate or equivalent degrees were eligible for appointment on the post. Since under the rule, the Upshastri degree was considered as equivalent to intermediate and on that basis, the petitioner was appointed as Panchayat 2 Teacher. Subsequently, it could not be held that appointment was illegal and it was made without having proper eligibility for appointment. In the light of the earlier decision in C.W.J.C. No. 2456 of 2008 and analogous cases as also several other similar decisions, the impugned order dated 03.02.2007 terminating the petitioner from service is quashed. The respondents are directed to reinstate the petitioner forthwith with all consequential benefits. This writ application is, accordingly, allowed. AKV/ (Mridula Mishra, J.)