IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13478 of 2009 1. DHARMDEO CHOUDHARY S/O MAHESHWAR CHOUDHARY VILL.- MAKDAMPUR, P.S.- MANSURCHAK, DISTT.- BEGUSARAI Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY HUMAN RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR PRIMARY EDUCATION, BIHAR, PATNA 4. THE DISTRICT MAGISTRATE-CUM-COLLECTOR BEGUSARAI 5. THE DISTRICT SUPERINTENDENT OF EDUCATION BEGUSARAI 6. THE BLOCK DEVELOPMENT OFFICER MANSURCHAK, DISTT.- BEGUSARAI 7. THE BLOCK EDUCATION EXTENSION OFFICER MANSURCHAK, DISTT.- BEGUSARAI 8. THE MUKHIYA GRAM PANCHAYAT RAJ SAMSA-II MANSURCHAK BLOCK, MANSURCHAK, DISTT.- BEGUSARAI 9. THE HEADMASTER PRIMARY SCHOOL RAKHAUT MOSHAHRI, BLOCK MANSURCHAK, DISTT.- BEGUSARAI ----------- 2 12.1.2010 Heard counsel for the petitioner and the counsel appearing for the State. Counsel for the petitioner is permitted to implead Panchayat Secretary, Gram Panchayat Raj, Samsa-II Mansurchak Block District Begusarai as respondent no.10. Prayer is allowed. Let him do so in course of the day. Petitioner’s prayer is for quashing of the order contained in letter No. 879 dated 17.4.2009 issued by the District Superintendent of Education, Begusarai, whereby a direction has been issued to terminate the petitioner from the service on the ground that Up- Shastri degree is not 2 an equivalent to Intermediate degree which is requisite qualification for appointment on the post of Panchayat Teacher/Prakhand teacher. Further prayer is for quashing of letter no.22 issued by the Incharge Headmaster of Primary School Rakhaut Mushahri, whereby the petitioner has been terminated from the service in the light of the direction contained in letter no. 879 dated 17.4.2009 issued by the District Superintendent of Education, Begusarai. The issue relating to Up-Shastri degree as equivalent to Intermediate degree has also been considered and decided by this Court in CWJC No. 12456 of 2008 (Ribha Rani vs. State of Bihar and ors.). In Ribha Rani’s case it has been held and decided that in terms of Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006 the requisite qualification for appointment on the post of Panchayat Teacher was Intermediate or equivalent degree. The holders of degree of Moulvi, Up-Shastri and other vocational degrees were treated as holders of 3 equivalent degree and accordingly, they were appointed on the post of Panchayat Teachers. Since such appointments are made in consonance with the provisions under the Rules, as such when subsequently the Education Department issued a circular that persons appointed with such degrees be terminated. Several writ applications have been filed challenging such orders and in Ribha Rani’s case it has been held that on the basis of executive instructions/circulars the provision under the rules cannot be amended by the State Government. The State Government, if so interested, had come out with amendment in rules from a prospective date. Persons have already been appointed possessing such degrees in consonance with the provisions of the Rule; they cannot be terminated from the service on the basis of the Government circulars. The Government circulars issued by the Human Resources Development Department, Govt. of Bihar, Patna bearing No. 4240 dated 15.11.2007 was quashed. The case of the petitioner is identical to the 4 case of petitioner in the reported decision, as such the impugned order contained in letter no. 879 dated 17.4.2009 issued by the District Superintendent of Education, Begusarai and the consequential order dated 14.5.2009 issued by the Incharge Headmaster of Primary School Rakhaut Mushahri are quashed. This application is being allowed with a direction to the respondents to reinstate the petitioner on his post in the concerned school with all consequential benefits. (Mridula Mishra,J.) A.Kumar