IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.110 of 2010 1. BIMLESH KUMAR PATHAK S/O SHRI BRIJ BIHARI PATHAK, R/O VILL- NARAULI, P.O-AMARPUR, P.S- DARAULI, DISTT- SIWAN AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. PRIMARYSCHOOL, KARAMAHA, ANCHAL- DARAULI, DISTT- SIWAN 2. JAI RAM HARIZAN S/O LATE VIKRAMA HARIZAN, R/O VILL AND P.O- SARAHARWA, P.S- DARAULI, DISTT- SIWAN, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. PRIMARY SCHOOL KHAIRAT UDHO, ANCHAL-DARAULI, DISTT- SIWAN 3. MANJU (DEVI) PANDEY, W/O SHRI DIN BANDHU MISHRA, R/O VILL-MISHRA KE GAURI, P.S- DARAULI, DISTT- SIWAN, AT PRESENT POSTED AND OWRKING AS PANCHAYT TEACHER IN GOVT. PRIMARY SCHOOL MISHRA KE GAURI, ANCHAL-DARAULI, DISTT- SIWAN 4. JAI NATH PRASAD, S/O SHYAM LAL PARASAD, R/O VILL AND P.O-BALAHU, P.S- DARAULI, DISTT- SIWAN AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. PRIMARY SCHOOL DIHU TOLA, ANCHAL- DARAULI, DISTT- SIWAN 5. MADHUP KUMAR PRAJAPATI S/O SHRI CHANDESHWAR PRASAD R/O VILL- KUMARI TOLA, P.O-GAURI, P.S- DARAULI, DISTT- SIWAN AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. KANYA PRIMARY SCHOOL BALAHU, ANCHAL-DARAULI, DISTT- SIWAN Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPTMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA 4. THE DISTRICT MAGISTRATE, SIWAN 5. THE DIVISIONAL COMMISSIONER, SARAN DIVISION AT CHAPRA 6. THE DEPUTY DEVELOPMENT COMMISSIONER –CUM- CHAIRMAN, DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, SIWAN 7. THE DISTRICT SUPERINDENT OF EDUCATION, SIWAN 8. THE BLOCK DEVELOPMENT OFFICER, DARAULI, DISTRICT SIWAN 9. THE BLOCK EDUCATION OFFICER, DARAULI, DISTRICT – SIWAN 10. THE MUKHIYA, GRAM PANCHAYAT RAJ AMARPUR, BLOCK – DARAULI, DISTRICT – SIWAN 11. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ AMARPUR, BLOCK – DARAULI, DISTRICT – SIWAN 12. THE MUKHIYA, GRAM PANCHAYAT RAJ, SARAHARWA, BLOCK – DARAULI, DISTRICT – SIWAN 13. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ SARAHARWA, BLOCK – DARAULI, DISTRICT – SIWAN 14. THE MUKHIYA, GRAM PANCHAYAT RAJ, BHIRAULI, BLOCK – DARAULI, DISTRICT – SIWAN 15. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ, BHIRAULI, BLOCK – DARAULI, DISTRICT – SIWAN 16. THE MUKHIYA, GRAM PANCHAYAT RAJ, BALAHU, BLOCK – DARAULI, DISTRICT – SIWAN 17. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ, BALAHU, BLOCK – DARAULI, DISTRICT – SIWAN. - 2 - FOR THE PETITIONERS : - MR. UMESH KUMAR MISHRA, ADVOCATE. FOR THE STATE : - MR. KUMAR UDAI BHANU RAY, G.A.4 . ----------- 02/ 04.05.2010 Heard counsel for the petitioners and counsel appearing for the State. Petitioners were initially appointed as Panchayat Shiksha Mitra in the year, 2003-04. Subsequently, they were absorbed on the post of Panchayat teacher with effect from 1.7.2006 as per Rule 20(iii) of Bihar Panchayat Primary Teachers (Appointment & Service Conditions) Rules, 2006. All these petitioners possessed certificate of matriculation examination issued by Bihar School Examination Board and Sahiyta Bhushan degree from Hindi Vidyapith, Deoghar, which is recognized as equivalent to Intermediate degree. Prayer of the petitioners is for quashing of the order contained in Memo No. 713 dated 13.5.2009 issued under the signature of District Superintendent of Education, Siwan, whereby all Block Education Officers of Siwan have been directed to terminate services of such teachers, who were selected/appointed considering their qualification of Sahiyta Bhushan obtained from Hindi Vidyapith, Deoghar, treating it as equivalent to Intermediate. Further prayer of - 3 - the petitioners is for quashing of the consequential order contained in Memo No. 143 dated 23.5.2009 issued by the Block Education Officer, Darauli directing the Pramukh, Mukhiya and Panchayat Secretaries of Panchayats/Blocks to act in the light of the order contained in Memo No. 713 dated 13.5.2009. Counter affidavit filed on behalf of District Superintendent of Education, Siwan, (Respondent No. 7) indicate that operation of impugned order contained in Memo No. 713 dated 13.5.2009 has been stayed by the Appellate Authority, for the present. Another letter issued by the Principal Secretary, Human Resources Development Department, Govt. of Bihar contained in Memo No. 3152 dated 25.8.2008 has also been annexed as Annexure-B to the counter affidavit, wherein the list of such Institutions, degrees issued from such Institutions have been mentioned, with a direction, not to recognize such degrees for the purposes of appointment, under Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Amended Rules, 2008 and Bihar Nagar Nikay Teachers (Appointment & Service Conditions) Amended Rules, 2008. In this very - 4 - letter it is also indicated that the directions contained in this letter will not have any application, so far appointments made under 2006 Rules is concerned. I find that minimum qualification as provided under Rule 8(ii) of 2006 Rules, for appointment on the post of Panchayat/Prakhand teachers is that the candidates must possess Higher Secondary or Intermediate or equivalent degree, from any institution recognized by the State of Bihar. The degree of Sahitya Bhushan obtained from Hindi Vidyapith, Deoghar was considered as a recognized degree, equivalent to Intermediate, prior to issuance of order contained in Annexure-B to the counter affidavit. There was no such decision of the State Govt., not to recognize the institution and treated the degree as not equivalent to Intermediate. Annexure-B is indicative of this fact that the appointments made earlier to 2008 amendment, considering Sahitya Bhushan degree from Hindi Vidyapith, Deoghar cannot be treated illegal. In this view of the matter, any such direction, as well as the direction contained in Memo No. 713 dated 13.5.2009 and the consequential order contained in Memo No. 143 dated 23.5.2009, cannot be a basis for - 5 - terminating the petitioners from their service as Panchayat teacher. Petitioners were appointed much earlier, on the post as Panchayat Shiksha Mitra and subsequently absorbed on the post of Panchayat teacher in terms of 2006 Rules. The facts of the case, is sufficient to indicate that petitioners’ appointment cannot be guided by Annexure – B to the counter affidavit, and the petitioners cannot be terminated from their service in compliance of the direction contained in Memo No. 713 dated 13.5.2009 as well as Memo No. 143 dated 23.5.2009. Petitioners will continue on their posts, discharge their duties and will be entitled for all consequential benefits. Payment of salary stopped, in consequence of issuance of impugned orders, will be made to the petitioners within four weeks from the date of production/communication of this order. This application is allowed. DKS/ (Mridula Mishra, J.)