IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No. 9190 of 2009 Mamta Kumari, daughter of Shri Prabhu Tanti, wife of Shri Dhiraj Tanti, resident of village Parma Nandpur, P.O. Shripur, Police Station Cheriya Bariarpur, district Begusarai .. Petitioner 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, Begusarai 5. The Divisional Commissioner, Munger Division, Munger 6. The Deputy Development Commissioner-cum-Chairman, District Education Establishment Committee, Begusarai 7. The District Superintendent of Education, Begusarai 8. The District Superintendent of Education-cum-District Programme Coordinator, Bihar Education Project, Begusarai 9. The Block Development Officer, Cheriya Bariarpur, district Begusarai 10. The Block Education Officer of Cheriya Bariarpur, district Begusarai 11. The Mukhiya of Gram Panchayat Raj Shripur, Anchal Cheriya, Bariarpur, district Begusarai 12. The Panchayat Secretary of Gram Panchayat Raj Shripur, Anchal Cheriya, Bariarpur, district Begusarai .. Respondents **** /2/ 12.08.2009 Heard the counsel for the petitioner and the State. 2. Petitioner has prayed for a direction to the District Superintendent of Education, Begusarai, as well as the Mukhiya and the Panchayat Secretary of Gram Panchayat Raj Shripur, Anchal Cheriya, Bariarpur, district Begusarai, for reinstating her as Panchayat Shikcha Mitra and also to absorb her on the post of Panchayat/Prakhand Teacher in the light of the resolution of the State Government Department of Human Resources, Government of 2 Bihar, contained in Memo No. 2517, dated 04.07.2008, issued by the Joint Secretary, Human Resources Development Department. Petitioner’s case is that she was selected for being appointed as a most backward category candidate on contract basis, as Panchayat Shikcha Mitra in the meeting, dated 30.12.2005, held by Sukh Suvidha Committee on 05.01.2006 the Gram Panchayat Raj shripur issued Memo No. 2 whereby petitioner was sent to undergo training of Panchayat Shikcha Mitra. While undergoing training and had continued her training for four days, the Panchayat Secretary, Gram Panchayat Raj Shripur, issued an order, contained in Memo No. 3, dated 30.03.2006, whereby she was stopped from undergoing training. The petitioner represented before the District Superintendent of Education by order, dated 31.03.2006, but, after four days she was not allowed for training on verbal orders. The reason for not allowing the petitioner to undergo training was that she had only secured 44.77% marks, i.e., less than 45% marks, which is the requisite qualification for appointment on the post of Panchayat Shikcha Mitra. The petitioner, thereafter, represented before the District Superintendent of Education and the District Superintendent of Education vide order, dated 26.05.2006, communicated that on account of having less than 45% marks she can not be allowed to continue her training as Panchayat Shikcha Mitra. The candidate must have secured 45% marks in intermediate. 3 Subsequently, the Department of Human Resources, in the light of judgment passed by the High Court in L.P.A. No. 940 of 2007 took a decision. This resolution, dated 04.07.2008, contained in Memo No. 2517 indicated that as per the guideline issued by the Government of Bihar, initially matriculation was the requisite qualification for appointment as Panchayat Shikcha Mitra. Subsequently, vide resolution no. 1458, dated 11.08.2004, it was amended and the qualification was enhanced to intermediate with 45% marks. In the guideline of 2004 there was no specific direction regarding retaining those Panchayat Shikcha Mitras on the post, who were earlier appointed on the basis of matriculation qualification. However, by department’s letter no. 67, dated 21.04.2005, it was specified that only those Panchayat Shikcha Mitra having intermediate qualification were to be retained and services for these period was to be further extended. In the light of this guideline several persons having either less than 45% marks in intermediate or having matriculation qualification were not allowed to continue further on the post. However, L.P.A. Bench has decided that such person should also be allowed to continue on the post, if already terminated be reinstated subject to the condition that they will acquire requisite qualification within thirty-three months of their appointment. In the light of decision of the L.P.A. Bench this resolution was issued and as per the resolution, dated 04.07.2008, contained in Memo No. 4 2517 several Panchayat Shikcha Mitra earlier terminated were allowed to be reinstated. 3. Petitioner’s prayer is that in her case also similar direction be issued to the concerned authorities to allow her to join initially on the post of Panchayat Shikcha Mitra and then absorb on the post of Panchayat Teacher. As stated by the petitioner in the writ application, the District Superintendent of Education, Begusarai, had already issued similar direction to the Mukhiya, Gram Panchayat Raj Shripur, Anchal Cheriya, Bariarpur, Begusarai, in this regard. However, the Mukhiya by order, contained in Annexure 18 asked for a guideline regarding mode of payment in case of reinstatement and also that with effect from which date she will be entitled for payment. The District Superintendent of Education-cum-District Programme Coordinator, Bihar Education Project, Begusarai, by letter no. 1052, dated 25.02.2009, had directed the petitioner to appear before him for verification of her certificate, she appeared, but, till date nothing has been done. 4. Considering the fact that several similarly situated persons have already been reinstated in the light of the resolution, petitioner is also entitled for similar relief. The Resolution is very specific on the point relating date of reinstatement and consequential relief. It states that whosoever appointed as Panchayat Shikcha Mitra, having matriculation qualification or intermediate 5 qualification having less than 45% marks, if terminated on account of earlier guidelines, be reinstated on their posts with effect from the date they were terminated. On account of reinstatement as Panchayat Shikcha Mitra will be entitled for their absorption on the post of Prakhand/Panchayat Teacher. 5. In the facts and circumstances, this application is being disposed off directing the District Superintendent of Education, Begusarai as well as the Mukhia and the Panchayat Secretary, Gram Panchayat Raj Shripur, Anchal Cheriya, Bariarpur, Begusarai, to reinstate the petitioner forthwith. The reinstatement will be with effect from the date she was not allowed to continue her training. Regarding payment schedule the respondents are directed to pass an order in accordance with law, considering the provisions applicable in the case of petitioner and similarly situated persons. 6. This application is allowed. Cp:2/S.A. (Mridula Mishra, J.)