IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 5983 of 2010 1. GAYATRI KUMARI W/O SRICHAND PRASAD R/O VILL.- MAHARAWA, P.S. ROH, DISTT.- NAWADA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY-CUM-COMMISSIONER, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT BUILDING, BELI ROAD, PATNA 3. THE COLLECTOR, NAWADA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, NAWADA 5. THE BLOCK DEVELOPMENT OFFICER, ROH, DISTT.- NAWADA 6. THE BLOCK EDUCATION EXTENSION OFFICER, ROH, DISTT.- NAWADA 7. THE MUKHIYA, GRAM PANCHAYAT RAJ, MARRAI, ROH BLOCK, DISTT.- NAWADA 8. PANCHAYAT SACHIV, GRAM PANCHAYAT RAJ, MARRAI, ROH BLOCK, DISTT.- NAWADA 9. THE HEADMASTER, PRIMARY SCHOOL, MAHARAWA, DISTT.- NAWADA WITH CWJC No 6115 of 2010 1. HIRALAL SAHNI S/O JHIKSHA KEWAT R/O VILL DUMARI, P.S.ROH, DISTT- NAWADA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY-CUM-COMMISSIONER, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVERNMENT OF BIHAR, NEW SECRETARIAT BUILDING, BELI ROAD, PATNA 3. THE COLLECTOR NAWADA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION NAWADA 5. THE BLOCK DEVELOPMENT OFFICER null ROH, DISTT-NAWADA 6. THE BLOCK EDUCATION EXTENSION OFFICER ROH, DISTT-NAWADA 7. THE MUKHIYA , GRAM PANCHAYAT RAJ DUMARI , ROH BLOCK, DISTT-NAWADA 8. PANCHYAT SACHIV , GRAM PANCHAYAT RAJ DUMARI, ROH BLOCK, DISTT- NAWADA 9. THE HEADMASTER, PRIMARY SCHOOL KUNDA, DISTT-NAWADA WITH CWJC No 6130 of 2010 1. FARHAT BANO D/O MD. KARIM ANSARI R/O VILL DUMARI, P.O.DUMARI, P.S.ROH, DISTT-NAWADA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY -CUM-COMMISSIONER , HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVERNMENT OF BIHAR, NEW SECRETARIAT BUILDING, BELI ROAD, PATNA 3. THE COLLECTOR NAWADA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION NAWADA 5. THE BLOCK DEVELOPMENT OFFICER null ROH, DISTT-NAWADA 6. THE BLOCK EDUCATION EXTENSION OFFICER ROH, DISTT-NAWADA 7. THE MUKHIYA , GRAM PANCHAYAT RAJ DUMARI, ROH BLOCK, DISTT-NAWADA 8. PANCHAYAT SACHIV , GRAM PANCHAYAT RAJ DUMARI , ROH BLOCK, DISTT- NAWADA 9. THE HEADMASTER , MIDDLE SCHOOL DUMARI, DISTT-NAWADA 2 WITH CWJC No 6279 of 2010 1. BHUSHAN PRASAD S/O BHOLA KEWAT R/O VILLAGE & POST- DUMARI, P.S. ROH, DISTT.- NAWADA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY-CUM-COMMISSIONER HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT BUILDING, BELI ROAD, PATNA 3. THE COLLECTOR, NAWADA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, NAWADA 5. THE BLOCK DEVELOPMENT OFFICER ROH, DISTT.- NAWADA 6. THE BLOCK EDUCATION EXTENSION OFFICER ROH, DISTT.- NAWADA 7. THE MUKHIYA, GRAM PANCHAYAT RAJ DUMARI, ROH BLOCK, DISTT.- NAWADA 8. PANCHAYAT SACHIV, GRAM PANCHAYAT RAJ DUMARI, ROH BLOCK, DISTT.- NAWADA 9. THE HEADMASTER, PRIMARY SCHOOL KATHWAN, DISTT.- NAWADA WITH CWJC No 6421 of 2010 1. VINAY KUMAR S/O LATE BISHUN RAWAT R/O VILL.- MARARA, P.S. ROH, DISTT.- NAWADA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY-CUM-COMMISSIONER HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT BUILDING, BELI ROAD, PATNA 3. THE COLLECTOR, NAWADA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, NAWADA 5. THE BLOCK DEVELOPMENT OFFICER ROH, DISTT.- NAWADA 6. THE BLOCK EDUCATION EXTENSION OFFICER, ROH, DISTT.- NAWADA 7. THE MUKHIYA, GRAM PANCHAYAT RAJ, MARARA, ROH BLOCK, DISTT.- NAWADA 8. PANCHAYAT SACHIV, GRAM PANCHAYAT RAJ MARARA, ROH BLOCK, DISTT.- NAWADA 9. THE HEADMASTER, PRIMARY SCHOOL MARARA, DISTT.- NAWADA WITH CWJC No 6433 of 2010 1. VIKASH KUMAR S/O BHUBNESHWAR MAHTO R/O VILL.- RUSTAMPUR, P.S. ROH, DISTT.- NAWADA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY-CUM-COMMISSIONER, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT BUILDING, BELI ROAD, PATNA 3. THE COLLECTOR, NAWADA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, NAWADA 5. THE BLOCK DEVELOPMENT OFFICER, ROH, DISTT.- NAWADA 6. THE BLOCK EDUCATION EXTENSION OFFICER, ROH, DISTT.- NAWADA 7. THE MUKHIYA, GRAM PANCHAYAT RAJ, SAMARIGARH, ROH BLOCK, DISTT.- NAWADA 3 8. PANCHAYAT SACHIV, GRAM PANCHAYAT RAJ, SAMARIGARH, ROH BLOCK, DISTT.- NAWADA 9. THE HEADMASTER, MIDDLE SCHOOL, RUSTAMPUR, DISTT.- NAWADA WITH CWJC No 6492 of 2010 1. SUNIL KUMAR S/O BHAGIRATH PRASAD R/O VILL.- GOVINDPUR, POST- GOVINDPUR, P.S. GOVINDPUR, DISTT.- NAWADA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY-CUM-COMMISSIONER, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT BUILDING, BELI ROAD, PATNA 3. THE COLLECTOR, NAWADA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, NAWADA 5. THE BLOCK DEVELOPMENT OFFICER, GOVINDPUR, DISTT.- NAWADA 6. THE BLOCK EDUCATION EXTENSION OFFICER, GOVINDPUR, DISTT.- NAWADA 7. THE MUKHIYA, GRAM PANCHAYAT RAJ, GOVINDPUR, GOVINDPUR BLOCK, DISTT.- NAWADA 8. PANCHAYAT SACHIV, GRAM PANCHAYAT RAJ, GOVINDPUR, GOVINDPUR BLOCK, DISTT.- NAWADA 9. THE HEADMASTER, GOVT. MIDDLE SCHOOL, GOVINDPUR, DISTT.- NAWADA WITH CWJC No 7749 of 2010 1. SUMAN LATA W/O ARVIND RAJBANSHI, D/O DAROGI RAM R/O VILL.- KARIKHAP, POST- BESHGOPAL, P.S.- RAJAULI, DISTT.- NAWADA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY-CUM-COMMISSIONER HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT BUILDING, BELI ROAD, PATNA 3. THE COLLECTOR, NAWADA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, NAWADA 5. THE BLOCK DEVELOPMENT OFFICER RAJAULI, DISTT.- NAWADA 6. THE BLOCK EDUCATION EXTENSION OFFICER, RAJAULI, DISTT.- NAWADA 7. THE MUKHIYA, GRAM PANCHAYAT RAJ AMAWAN WEST, BLOCK- RAJAULI, DISTT.- NAWADA 8. PANCHAYAT SACHIV, GRAM PANCHAYAT RAJ AMAWAN WEST, BLOCK- RAJAULI, DISTT.- NAWADA 9. THE HEADMASTER, PRIMARY SCHOOL BAIJADA, DISTT.- NAWADA WITH CWJC No 7931 of 2010 1. RANJU KUMARI, W/O SUBODH KUMAR,D/O BISHANDEO PRASAD, R/O VILLAGE- BAHERA,P.S.- WARSALIGANJ, DISTRICT-NAWADA. Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY CUM COMMISSIONER, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT,BAILEY ROAD, PATNA 3. THE COLLECTOR,NAWADA. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION,NAWADA. 5. THE BLOCK DEVELOPMENT OFFICER, WARSALIGANJ, DISTRICT-NAWADA. 4 6. THE BLOCK EDUCATION EXTENSION OFFICER ,WARSALIGANJ, DISTRICT- NAWADA. 7. THE MUKHIYA,GRAM PANCHAYAT RAJ,BAGHI BARDIHA, BLOCK-WARSALIGANJ, DISTRICT-NAWADA. 8. PANCHAYAT SACHIV,GRAM PANCHAYAT RAJ,BAGHI BARDIHA, BLOCK- WARSALIGANJ, DISTRICT-NAWADA. 9. THE HEADMASTER,PRIMARY SCHOOL,BAHERA,DISTRICT-NAWADA. WITH CWJC No 8531 of 2010 1. NISHA SINHA W/O SUJIT KUMAR, D/O KAILASH PRASAD R/O VILL.- LENGURA, P.S. RAJAULI, DISTT.- NAWADA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY-CUM-COMMISSIONER HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT BUILDING, BELI ROAD, PATNA 3. THE COLLECTOR, NAWADA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, NAWADA 5. THE BLOCK DEVELOPMENT OFFICER RAJAULI, DISTT.- NAWADA 6. THE BLOCK EDUCATION EXTENSION OFFICER RAJAULI, DISTT.- NAWADA 7. THE MUKHIYA, GRAM PANCHAYAT RAJ LENGURA, BLOCK- RAJAULI, DISTT.- NAWADA 8. PANCHAYAT SACHIV, GRAM PANCHAYAT RAJ LENGURA, BLOCK- RAJAULI, DISTT.- NAWADA 9. THE HEADMASTER, PRIMARY SCHOOL PASRAILA, DISTT.- NAWADA ----------- 2 05.08.2010 All the petitioners, in the writ petitions, were Shiksha Mitras originally with Matric qualification. State Government then formulated Rules whereby Shiksha Mitras were given thirty three months’ time to enhance their educational qualification to Intermediate level if they were to continue in service. In this period itself, petitioners were absorbed as permanent Panchayat Teachers. They have all completed their Intermediate Course and have passed the same. Marksheets and passing certificates have been issued by the Bihar Intermediate Education Council, Patna, the validity whereof is not in dispute. It appears that in the district of Nawada and other places, a controversy was started by State Officials whereby the Panchayat Teachers, who had obtained Intermediate qualifications showing themselves to be regular students, were not 5 recognized by district authorities on the ground that being regular Teachers, they could not have attended regular classes. Petitioners have various explanations with regard to attending Intermediate classes in morning shift and otherwise. Notwithstanding that as their Intermediate certificates were not being recognized and the period of thirty months having expired, they all have been dismissed. It is this dismissal that is under challenge. Having heard the parties and with their consent, the writ petitions are being disposed of at this stage itself as the facts are not in dispute. The first thing that the Court notices is that Government required the Shiksha Mitra/Panchayat Teacher to enhance their educational qualification. That was the object of the exercise. It is not disputed that the petitioners have enhanced their educational qualification accordingly. It is also not in dispute that the marksheet and the passing certificate granted by the Bihar Intermediate Education Council are genuine and not forged or fraudulent. Once the Bihar Intermediate Education Council recognizes the academic standard of the petitioners and grants the certificate then, in my view, it does not lie upon the authorities not to recognise the same. The Bihar Intermediate Education Council is an autonomous statutory body and having granted the certificate, it is they who can cancel it and no other authority, at least in the State of Bihar, can ignore the same or take away its efficacy in any manner. For the reasons aforesaid, the decision of the District 6 Superintendent of Education, Nawada in treating the same to be invalid for the purposes of continuing in service cannot be sustained and, as such, the impugned order dated 15th October, 2009 of the District Superintendent of Education, Nawada is set aside. The inevitable consequence thereof would be that the termination of the petitioner’s service as Panchayat Teachers would consequently be held to be bad and ineffectual. Petitioners would be deemed to be continuing in service validly for all purposes. The writ petitions are, accordingly, allowed. M.E.H./ (Navaniti Prasad Singh)