IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13183 of 2009 BANDANA KUMARI, Sri Krishna Rajak, resident of Village-Ghataria, P.S.- Madanpur, District-Aurgangabad. ……….Petitioner. Versus 1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 2. The Director, Primary Education, Govt. of Bihar, Patna. 3. The District Magistrate, Aurangabad. 4. The District Superintendent of Education, Aurangabad. ………..Respondents. For the petitioner: Mr. Braj Kishore Pd. –I, Adv. For the State: Mr. Md. Aslam Ansari, Adv. ----------- 2/ 04.01.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner has filed this application for quashing of Office order dated 14.11.2007 contained in Memo No. 1342/S.S.A., whereby her appointment has been cancelled on the ground that she possessed less than 45 % marks in the intermediate. The reason assigned for termination of petitioner’s appointment on the post of Panchayat Shiksha Mitra and absorption on the post of teacher is that as per the guidelines for appointment of Panchayat Shiksha Mitra the requisite qualification was intermediate with 45 % marks. Petitioner was intermediate but possessed less than 45% marks. She was noticed to show cause. The show cause was filed by the petitioner and finally by order dated 14.11.2007 contained in Memo No. 1342/S.S.A. the District Superintendent of Education, Aurangabad, cancelled her appointment on the post of Panchayat Shiksh Mitra as well as her absorption on the post of Panchayat Teacher, with effect from the date of her initial 2 appointment. The issue relating to appointment on the post of Panchayat Shiksha Mitra having less than 45% marks, has already been settled and decided by the High Court and in compliance of the decision of the High Court the Human Resources Development Department has issued departmental Resolution No. 2517 dated 04.07.2008. Subsequently letters have also been issued in this regard, where there is clear direction to all District Superintendent of Education as well as Panchayat Secretary and Mukhiya for re-instatment of such Panchayat Shiksha Mitra/Panchayat Teachers who have been terminated on the ground that their appointment was illegal as they possessed less than 45 % marks in intermediate. A clear direction has been issued for reinstatement of such terminated Panchayat Shiksha Mitras/Panchayat Teachers in the light of government’s Resolution No. 2517 dated 04.07.2008 as well as order dated 17.07.2008 contained in Memo No.2683, the respondents themselves have issued a direction for re- instatement of the petitioner on the post, since, it was not done, on the contrary, she terminated from her service. The petitioner has to approach this Court by filing a writ application. Accordingly, this writ application is allowed. The Office order dated 14.11.2007 contained in Memo No. 1342/S.S.A., issued by D.S.E, Aurangabad, is quashed. 3 The respondent D.S.E. Aurangabad is directed to re- instate the petitioner as Panchayat Teacher in Kanya Primary School, Ghataria, Madanpur, Arugangabad with all consequential benefits. The order for re-instatement must be issued by the respondent D.S.E. within three weeks from the date of production/communication of this order. Sanjeet/ (Mridula Mishra, J.)