IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9983 of 2009 PUSHPA KUMARI d/o Manik Paswan w/o Shiv Shankar Paswan resident of village Malhipur PO Maheshpur P.S. Bhagwanpur District Begusarai. Panchayat Teacher (Terminated) in Primary School Malhipur (Harizan Tola) Block Bhagwanpur in Begusarai District Begusarai. ….. Petitioner. Versus 1. THE STATE OF BIHAR. 2. Principal, Secretary Human Resources Department, Govt. of Bihar, Patna. 3. Director, Primary Education, Bihar, Patna. 4. District Education Officer, Begusarai. 5. District Superintendent of Education, Begusarai. 6. Prakhand Vikash Padahidari, Bhagwanpur, District Begusarai. 7. Prakhand Shiksha Prasar Padadhikari, Bhagwanpur, District Begusarai. 8. Mukhiya Gram Panchayat Raj, Maheshpur Block Bhagwanpur, District – Begusarai. 9. Gram Panchayat Secretary, Maheshpur Panchayat Prakhand Bhagwanpur, District – Begusarai. ….. Respondents. ----------- 2/ 02.09.2009 Heard learned counsel for the petitioner and the State. Petitioner has filed this application for quashing the Letter No. 38 dated 11.09.2008 issued by the Gram Panchayat Secretary of Gram Panchayat Maheshpur Prakhand in the district of Begusarai whereby the petitioner has been terminated from the post of Panchayat Teacher on the ground that her appointment on the post, considering her Up-Shastri degree is illegal, as Up-Shastri degree is not equivalent of Intermediate, which is requisite qualification for appointment on the post of Panchayat/Prakhand Teacher. The impugned order has been issued on the - 2 - basis of general direction issued by the Principal Secretary, Human Resources Development Department, Government of Bihar to all concerned, contained in Letter No. 4240 dated 15.11.2007. The counsel for the petitioner submits that the letter issued by the Principal Secretary, Human Resources Development Department, Government of Bihar, contained in Letter No. 4240 dated 15.11.2007 was considered by this Court in C.W.J.C. No. 2456 of 2008 and analogous cases ( Ribha Rani vs. State of Bihar and others and analogous case). While considering the validity of the letter issued by Principal Secretary, it was held that as provided under Rule 8 of 2006 Rules, Up- Shastri degree is equivalent to Intermediate degree and any one appointed on the post of teacher, on the basis of Up-shastri degree, shall continue on the post. It was also held in this decision that if there is any provision under the Rules relating to qualification for appointment of Primary Teachers/Panchayat Teachers, it can not be altered /annulled by a government decision/ circulars of the Education Department. In case the government wants to change the criteria that can be done only by way of amending the rules. Equivalence of the degree of Up- Shastri and appointment on the basis of such qualification could not be declared as illegal on the basis - 3 - of subsequent policy decision of the government, because any policy decision of the government, contained in any circulars/orders can have perspective effect. Considering that the issue involved in the present writ application has already been settled and decided by this court. This application is being disposed of in the light of earlier decision in Ribha Rani’s Case. The order contained in Letter No. 38 dated 11.09.2008 issued by Gram Panchayat Secretary, respondent No. 9 is quashed, with a direction to the Panchayat Secretary/Block Education Extension Officer, Begusarai to reinstate the petitioner on the post and allow her to continue with her duties of Panchayat Teacher, in the light of the decision of this Court in C.W.J.C. No. 2456 of 2008 and analogous cases. The petitioner will also be entitled for all consequential benefits from she has been deprived on account of issuance of impugned order dated 11.09.2008. (Mridula Mishra, J.) Sanjeet/