IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10549 of 2009 KANCHAN DEVI & ANR Versus THE STATE OF BIHAR & ORS -With- CWJC No.10586 of 2009 PURNIMA SHARMA & ANR Versus THE STATE OF BIHAR & ORS -With- CWJC No.10617 of 2009 SHOBHA KUMARI & ANR Versus THE STATE OF BIHAR & ORS ----------- 2. 07.10.2009 Heard the counsels for the petitioners and the counsel appearing for the state. Petitioners have prayed for quashing the order as contained in letter No. 1299 dated 08.04.2008 issued under the signature of District Superintendent of Education, Bhojpur whereby the direction has been issued to all Block Education Extension Officers, of the Bhojpur districts to remove services of those appointed teachers who have been appointed on the basis of their intermediate qualification but have secured less than 45 per cent of marks in the intermediate examination. Further prayer of the petitioners is for a direction to the respondents to allow the petitioners to rejoin their posts and for payment of all consequential benefits including arrears of salary. The impugned order has also been challenged by the petitioners on the ground that the petitioners have been removed from their services in violation of rule of natural justice. Petitioners were initially appointed as Panchayat 2 Shikcha Mitras for which initially the requisite qualification was only matriculation. Subsequently, the qualification was enhanced to intermediate by the resolution of the state government. The petitioners who were initially appointed on the basis of matriculation qualification and hence by acquiring the decree of intermediate or equivalent qualification on account their continuation on the post of Panchayat Shikcha Mitras. Subsequently, they were absorbed on the post of Panchnayat teachers as provided under rule 20(2) of Bihar Panchayt Primary Teachers (Appointment & service conditions) Rules. Counsel for the petitioners submits that the reason for which the petitioners have been terminated from their services i.e. absorption on the post of Panchayat Teachers on the basis of intermediate qualification though having less than 45 per cent of marks has been considered by this court in several decisions and it has been held that it cannot be a ground for termination from the service as at the relevant time when the petitioners were appointed, there was no such rule relating to qualification. Counsel for the petitioners placed reliance on a decision of this court in C.W.J.C. No. 8151 of 2008 (Sandhya Kumari Vs The State of Bihar & Ors.) & analogous cases. Considering the fact that petitioners’ case is completely covered by the earlier decided judgment of this court where it has been held that appointment on the post of Panchayat Shikcha Mitras having less than 45 marks, cannot be a ground for 3 terminating their services on Panchayat teachers. These writ applications are allowed. The impugned order contained in letter No. 1299 dated 08.04.2008 issued by the District Superintendent of Education, Bhojpur is quashed. The respondents are directed to allow the petitioners to rejoin their posts in the same school where they were working, with all consequential benefits including arrears of salary. The payments of arrears of salary must be made within eight weeks from the date of receipt/production of a copy of this order. AKV/ (Mridula Mishra, J.)