IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 8789 of 2010 1. SHAILENDRA PRASAD PATEL S/O LATE BADRI PRASAD R/O VILL.- DUMARI DERAPAR, P.S.- BARHAIYA, DISTT.- LAKHISARAI 2. SAROJ BHARATI D/O SHRI HEERA LAL SINGH, W/O SHRI SUNIL PRASAD R/O VILL.- DUMARI, P.S.- BARHAIYA, DISTT.- LAKHISARAI Versus 1. THE STATE OF BIHAR, THROUGH PRINCIPAL SECRETARY, HUMAN RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA 2. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA 3. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM-CHAIRMAN DISTRICT EDUCTION ESTABLISHMENT COMMITTEE, LAKHISARAI 4. THE DISTRICT SUPERINTENDENT OF EDUCATION-CUM-SUB DIVISIONAL EDUCATION OFFICER, LAKHISARAI 5. THE BLOCK DEVELOPMENT OFFICER, BARAHIYA LAKHISARAI 6. THE PRAKHAND PRAMUKH, BARAHIYA PRAKHAND, DISTT.- LAKHISARAI 7. THE MUKHIYA, GRAM PANCHAYAT RAJ DUMARI, ANCHAL- BARAHIYA, DISTT.- LAKHISARAI 8. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ DUMARI, ANCHAL BARAHIYA, DISTT.- LAKHISARAI ----------- 2 06.07.2010 The petitioners were recruited as Shiksha Mitras. At that time, they had educational qualification of Matriculation only. When it came for confirmation as Panchayat Teacher, they were absorbed but later terminated on the ground that they had equivalent Intermediate qualification of Madhyama Visharad from Hindi Sahitya Sammelan, Allahabad which is not recognised equivalent of Intermediate by the State of Bihar. They had come to this Court and the matter was remanded by this Court to the District Teachers Appointment Appellate Tribunal (hereinafter referred to as the Tribunal) for reconsideration. Petitioners’ grievance is that the matter is not being considered by the Tribunal even though in the meantime, they have passed Intermediate examination from Bihar School Examination Board with 45% marks. These facts are to be examined. So far as Hindi Sahitya Sammelan, Allahabad is concerned, in a recent judgment of Division Bench, the Division Bench has held that it 2 is not recognized equivalent of Intermediate but the question remains that if petitioners have already passed Intermediate from Bihar School Examination Board then they have, though belatedly, acquired educational qualification for the said post. This aspect of the matter has already been set at rest by this Court in CWJC No 3700 of 2009 decided on 14.07.2009 in the case of Indu Devi –Versus- the State of Bihar & Others wherein it has been clearly held that acquiring educational proficiency even beyond thirty three months, as provided, would be valid and for the delay in obtaining the same, services cannot be terminated. These aspects of the matter, the Tribunal will keep in mind before deciding the matter of the petitioners which shall be decided within one month of petitioners’ filing a copy of this order before the Tribunal. In case the Tribunal decides in favour of the petitioners then petitioners, for the purposes of seniority, would be deemed to be in continuous service without any break. With these observations, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh)