IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1969 of 2010 In Civil Writ Jurisdiction Case No. 1339 of 2010 ====================================================== 1. Harendra Manjhi S/O Late Raj Ballam Manjhi R/O Vill.- Pithauri Tawakal Tola, P.O.- Paigambarpur, P.S.- Baniapur, Distt.- Saran (Chapra) 2. Kunti Kumari D/O Shri Daroga Prasad, W/O Shri Devendra Prasad Chaurasia R/O Vill.- Usti Khakhimathia, P.O.- Usti, P.S.- Baniapur, Distt.- Saran (Chapra) 3. Neha Kumari D/O Shri Rajendra Manjhi R/O Vill.- Pithauri Tawkal Tola, P.O.- Paigambarpur, P.S.- Baniapur, Distt.- Saran At Chapra Petitioners .... Appellant/s 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, Saran At Chapra 5. The Deputy Development Commissioner-Cum-Chairman District Education Establishment Committee, Saran At Chapra 6. The District Superintendent Of Education, Saran At Chapra 7. The Block Development Officer, Baniapur, Distt.- Saran 8. The Block Education Extension Officer, Baniapur, Distt.- Saran 9. The Prakhand Pramukh, Baniapur Prakhand, Distt.- Saran 10. The Mukhiya Gram Panchayat Raj Paigambarpur, Block- Baniapur, Distt.- Saran 11. The Panchayat Secretary Gram Panchayat Raj Paigambarpur, Block Baniapur, Distt.- Saran 12. Kameshwar Manjhi S/O Shri Rudal Manjhi R/O Vill.- Pithauri Tawakal Tole, P.S.- Baniapur, Distt.- Saran, At Present Posted And Working As Panchayat Teacher In Newly Created Govt. Primary School, Kawala Chapra Balua, Anchal- Baniapur, Distt.-Saran 13. Lalti Kumari W/O Shri Ajit Kumar Ram R/O Vill.- Chetan, P.O.- Puchari, P.S.- Baniapur, Distt.- Saran, At Present Posted And Working As Panchayat Teacher In Newly Govt. Primary School, Tawakal Tole (Now Upgraded), Anchal- Baniapur, Distt.- Saran 14. Rajesh Kumar Rai S/O Shri Jai Narayan Rai R/O Vill.- Kanhauli Manohar, P.S.- Baniapur, Distt.- Saran, At Present Posted And Working As Panchayat Teacher In Newly Created Govt. Primary School, Kawala Chapra Balua, Anchal- Baniapur, Distt.- Saran Respondents .... Respondent/s ====================================================== 3 03-11-2011 Heard learned counsel for the appellants in the limitation matter as well as on merits. Also heard learned counsel Patna High Court LPA No.1969 of 2010 (3) dt.03-11-2011 2 for the State. For the reasons mentioned in IA No.10262 of 2010, the delay of 115 days in preferring this appeal is condoned. The IA stands allowed. On merits, leaned counsel for the appellants has submitted that the clarification contained in Annexure-12 dated 25.8.2008 must operate prospectively and the finding or the clarification that Madhyama Visharad from Hindi Sahitya Sammelan, Allahabad is not recognized as equivalent to Intermediate degree should not be applied to those like the appellants, who were appointed earlier in 2006 i.e. prior to 25.8.2008. There is no dispute that academic qualification of Intermediate degree was essential qualification for the post of Panchayat Teacher. This qualification is not available to the appellants in view of not only the clarification contained in Annexure-12 but also in view of further decision by the State Government contained in Annexure- 13 dated 27.9.2009, passed pursuant to order of remand by this Court passed in several writ petitions including the writ petition of the appellants disposed of by Annexure-10 dated 30.6.2008. The learned Writ Court has also noted that the law has Patna High Court LPA No.1969 of 2010 (3) dt.03-11-2011 3 been clearly laid down against the case of the appellants by a Division Bench of this Court in the case of State of Bihar v. Mamta Kumari, 2010 (4) PLJR 318. Although the said judgment is not being challenged before us, an ingenious submission has been advanced that the appellant should be treated to have the degree of Intermediate only because he was appointed in 2006. In our view, this submission has no merit. The discussion made in Annexure-12 as well as in the Division Bench judgment referred above leaves no scope but to hold that the appellants do not have the degree or minimum educational qualification of Intermediate. Hence, no writ could be issued in their favour to continue them on the post of Panchayat Teacher. The appeal is found to be without merit. It is accordingly dismissed. If the petitioners have not been paid for any period when they worked as a Teacher, they would be at liberty to raise such a grievance before appropriate authority which should be considered in accordance with law and disposed of within three months form the date of filing of the representation. sk (Shiva Kirti Singh, J) (Shivaji Pandey, J)