IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15034 of 2009 1. SHIV SHANKER SUMAN S/O SRI RANDI RAM R/O VILL- DAUTPUR, POST-MIRJANAGAR, P.S-MAHUA, DISTT- VAISHALI 2. SURESH RAM S/O SHRI KAMESHWAR RAM R/O VILL- DAUTPUR, P.O-MIRJANAGAR, P.S-MAHUA, DISTT- VAISHALI Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, VAISHALI AT HARIPUR, 4. THE District Superintendent of Education, Vaishali at Hajipur 5. Block Development Officer Mahua, Distt- Vaishali, Hajipur 6. Block Education Extension Officer, Mahua, Vaishali, Hajipur. 7. The Panchayat Secretary, Gram Panchayat Raj, Mirzanagar, Distt- Vaishali at Hajipur. ----------- For the petitioners: Mr. Rajendra Pd. Singh, Sr. Adv. Mr. Rajeev Kumar Singh Mr. Omkar Singh 2. 18.02.2010 Heard the counsel for the petitioner and the counsel appearing for the state. Petitioners were appointed on the post of Panchayat Teacher considering their Upshastri Madhyama degree which is equivalent to matriculation. Petitioners have obtained the degree from Kameshwar Singh Sanskrit University, Darbhanga which is a recognized university for imparting education through the Sanskrit medium. Petitioners have been terminated from the service vide letter Nos. 81 & 82 issued by the Panchayat Secretary, Gram Panchayat Raj Mirzanagar, Vaishali. The ground which has been mentioned for cancellation of petitioners’ appointment is that in two schools’ admission register; petitioners’ date of birth has been shown differently. Counsel for the petitioners submits that the impugned 2 order is bad for the reason that it is completely without jurisdiction. Panchayat Secretary is not empowered to issue any such order. Secondly, it has been issued in violation of rule of natural justice. Thirdly, the ground which has been mentioned for cancellation, that is not a valid ground as petitioners’ date of birth as mentioned in their Upshastri degree, is the date of birth for all purposes. Considering the fact that the order is completely without jurisdiction as it has been issued by Panchayat Secretary who is not empowered to issue such order, the order contained in letter Nos. 81 & 82 (Annexures- 1 & 2) are quashed. This application is allowed. Petitioners are entitled for reinstatement on the post w.e.f. the date of their termination with all consequential benefits. AKV/ (Mridula Mishra, J.)