IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8420 of 2010 1. PRADIP KUMAR SINGH S/O RAM NARESH SINGH R/O VILL BISHUNPURA, P.O.JAGAPUR, P.S.ZAMO BAZAR, DISTT-SIWAN, AT PRESENT WORKING AS PANCHAYAT PRIMARY TEACHER IN MIDDLE SCHOOL, JOGAPUR, UNDER GRAM PANCHAYAT BHOPATPUR, BLOCK& CIRCLE, BARHARIA, DISTT-SIWAN 2. VIJAY KUMAR MANJHI S/O SUDAMA MANJHI R/O VILL SUHAVAN HATA, P.O.MAHAMADPUR, P.S. BARHARIA, DISTT-SIWAN, AT PRESENT WORKING AS PANCHAYAT PRIMARY TEACHER IN UPGRADED MIDDLE SCHOOL, AURAYEE , UNDER GRAM PANCHAYAT AURAYEE, UNDER GRAM PANCHAYAT AURAYEE, BLOCK & CIRCLE BARHARIA, DISTT- SIWAN 3. SITA DEVI W/O BIDYA PANDIT , D/O MUKESH PRASAD R/O VILL PADRAUNA, P.S.BARHARIA, DISTT-SIWAN AT PRESENT WORKING AS PANCHAYAT PRIMARY TEACHER IN RAJKIYA UPGRADED MIDDLE SCHOOL, CHAK PADRAUNA UNDER GRAM PANCHAYAT , PADRAUNA UNDER BLOCK & CIRCLE BARHARIA, DISTT-SIWAN 4. RINA DEVI W/O JUGUL KISHORE SINGH, D/O ACHHELAL SINGH R/O VILL LAUVAN, P.O.HARDIA, P.S.BARHARIA, DISTT-SIWAN AT PRESENT WORKING AS PANCHAYAT PRIMARY TEACHER IN RAJKIYA PRIMARY SCHOOL, PIPRAHI UNDER HATHIGAYEE GRAM PANCHAYAT UNDER BLOCK & CIRCLE BARHARIA, DISTT-SIWAN VERSUS 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES GOVT. OF BIHAR, NEW SECRETARIAT, BAILEY ROAD, PATNA 2. THE DISTT. SUPERINTENDENT OF EDUCATION SIWAN AT SIWAN 3. THE BLOCK EDUCATION EXTENSION OFFICER BARHARIA, P.S. BARHARIA, DISTT- SIWAN 4. THE BLOCK DEVELOPMENT OFFICER P.S. BARHARIA, DISTT-SIWAN 5. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ BHOPATPUR, UNDER BLOCK BARHARIA, DISTT-SIWAN 6. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ AURAYEE UNDER BLOCK BARHARIA, DISTT-SIWAN 7. THE PANCHAYAT SECRETARY GRAM PANCHAYAT RAJ HATHIGAYEE, UNDER BLOCK BARHARIA, DISTT-SIWAN 8. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ PADRAUNA, UNDER BLOCK BARHARIA, DISTT-SIWAN 9. THE MUKHIYA GRAM PANCHAYAT RAJ BHOPATPUR, UNDER BLOCK BARHARIA, DISTT-SIWAN 10. THE MUKHIYA GRAM PANCHAYAT RAJ AURAYEE UNDER BLOCK BARHARIA, DISTT-SIWAN 11. THE MUKHIYA GRAM PANCHAYAT RAJ HATHIGAYEE, UNDER BLOCK BARHARIA, DISTT-SIWAN 12. THE MUKHIYA GRAM PANCHAYAT RAJ PADRAUNA, UNDER BLOCK BARHARIA, DISTT-SIWAN. WITH CWJC No.8431 of 2010 - 2 - 1. MALTI DEVI W/O SHEO MAYA PRASAD, D/O LATE RAM SAKAL PRASAD R/O VILL.- RACHHOPALI, P.S. ZAMO BAZAR, DISTT.- SIWAN, AT PRESENT WORKING AS PANCHAYAT PRIMARY TEACHER IN PRIMARY SCHOOL (UPGRADED AS MIDDLE SCHOOL), RACHHOPALI, UNDER BLOCK, BARHARIA, DISTT.- SIWAN 2. ANITA DEVI W/O SURENDRA PD. GUPTA, D/O MURLI SAH R/O VILL.- BISHAMBHARPUR, P.S. ZAMO BAZAR, DISTT.- SIWAN, AT PRESENT WORKING AS PANCHAYAT PRIMARY TEACHER IN UPPER PRIMARY SCHOOL, CHANRI, UNDER BLOCK BARHARIA, DISTT.- SIWAN VERSUS 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF HUMAN RESOURCES, GOVT. OF BIHAR, NEW SECRETARIAT, BAILEY ROAD, PATNA 2. THE DISTT. SUPERINTENDENT OF EDUCATION SIWAN AT SIWAN 3. THE BLOCK EDUCATION OFFICER BARHARIA, P.S.- BARHARIA, DISTT.- SIWAN 4. THE BLOCK DEVELOPMENT OFFICER P.S.- BARHARIA, DISTT.- SIWAN 5. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAI RACHHOPALI, UNDER BLOCK BARHARIA, DISTT.- SIWAN 6. THE PANCHAYAT SECRETARY GRAM PANCHAYAT RAU, SIKANDARPUR, UNDER BLOCK BARHARIA, DISTT.- SIWAN ----------- For the Petitioners : Mr. Suresh Pd. Singh No.1. Mr. Vitesh Kumar Singh. For the State : Mr. Rajesh Kr. Sinha, AC to GP-20. Mr. Ranjeet Kr. Pandey, AC to GP-19. ------------- 02 15.07.2010 The question involved in both the writ applications are same, therefore, both of them are disposed of by this common order. The question for determination in the present writ applications is that petitioners who were initially recruited as Shiksha Mitras and later absorbed as Panchayat Teachers can be terminated on the ground of not having acquired Intermediate qualification with 45% marks within 33 months of the said requirement coming into force. The facts are brief and not in dispute. - 3 - The petitioners were selected as Shiksha Mitras at the time of their selection the basic qualification was Matriculation. Subsequently, their term of appointments were extended, it being contractual in nature. Then came the notification of the State Government by which the educational qualifications required were enhanced of Intermediate with 45% minimum. This laid to series of litigation, whereby applying this employment of several Shiksha Mitras were cancelled. This Court held that enhancement of educational qualification would have only perspective effect. Then, State issued another notification granting 33 months to persons employed as Shiksha Mitras to acquire the said qualification. Several Shiksha Mitras were unable to do within 33 months of the said notification and were terminated, even though by then they had been absorbed as permanent Panchayat Teachers. This became subject matter of challenge. The matter first came before a Single Judge of this Court, who was inclined to accept the stand of the State that the period of 33 months was peremptory. But, the matter went to the Division Bench wherein the Division Bench overruled the judgment and held that in respect of people who are already in employment once they had acquired the educational qualification, which was enhanced subsequent to their employment, may be beyond period of 33 months of their services could not be terminated. The matter was taken up by various Benches of this Court and now consistently this Court had held that even if a person acquires the necessary qualifications while in - 4 - service beyond the time stipulated, he cannot be dismissed. In the present case that is the only question. Admittedly, all the petitioners of both the writ applications have already acquired the qualification of Intermediate and have got marks above 45%. They have all being restrained to sent for teachers’ training course by the District Superintendent of Education Officer, on the ground that they did not acquire this academic qualification within 33 months period, as noted above, and steps for termination have been initiated. The ground has been held to be misconceived by this Court repeatedly. I have no option but to hold all such actions of restraining petitioners from under going teachers’ training and proposed action of termination of service cannot be sustained. They are accordingly quashed. It is held that the petitioners would be deemed to be duly qualified and duly appointed Panchayat Teachers for all practical purposes. It is also held that the petitioners would be entitled for all emoluments and consequential benefits uninterrupted. Accordingly, both the writ applications are allowed. Trivedi (Navaniti Prasad Singh, J.)