IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1969 of 2010
In
Civil Writ Jurisdiction Case No. 1339 of 2010
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1. Harendra Manjhi S/O Late Raj Ballam Manjhi R/O Vill.- Pithauri
Tawakal Tola, P.O.- Paigambarpur, P.S.- Baniapur, Distt.- Saran (Chapra)
2. Kunti Kumari D/O Shri Daroga Prasad, W/O Shri Devendra Prasad
Chaurasia R/O Vill.- Usti Khakhimathia, P.O.- Usti, P.S.- Baniapur, Distt.-
Saran (Chapra)
3. Neha Kumari D/O Shri Rajendra Manjhi R/O Vill.- Pithauri Tawkal Tola,
P.O.- Paigambarpur, P.S.- Baniapur, Distt.- Saran At Chapra
Petitioners …. Appellant/s
Versus
1. The State Of Bihar
2. The Principal Secretary Human Resources Development Department,
Government Of Bihar, Patna
3. The Director, Primary Education, Bihar, Patna
4. The District Magistrate, Saran At Chapra
5. The Deputy Development Commissioner-Cum-Chairman District
Education Establishment Committee, Saran At Chapra
6. The District Superintendent Of Education, Saran At Chapra
7. The Block Development Officer, Baniapur, Distt.- Saran
8. The Block Education Extension Officer, Baniapur, Distt.- Saran
9. The Prakhand Pramukh, Baniapur Prakhand, Distt.- Saran
10. The Mukhiya Gram Panchayat Raj Paigambarpur, Block- Baniapur,
Distt.- Saran
11. The Panchayat Secretary Gram Panchayat Raj Paigambarpur, Block
Baniapur, Distt.- Saran
12. Kameshwar Manjhi S/O Shri Rudal Manjhi R/O Vill.- Pithauri Tawakal
Tole, P.S.- Baniapur, Distt.- Saran, At Present Posted And Working As
Panchayat Teacher In Newly Created Govt. Primary School, Kawala
Chapra Balua, Anchal- Baniapur, Distt.-Saran
13. Lalti Kumari W/O Shri Ajit Kumar Ram R/O Vill.- Chetan, P.O.-
Puchari, P.S.- Baniapur, Distt.- Saran, At Present Posted And Working As
Panchayat Teacher In Newly Govt. Primary School, Tawakal Tole (Now
Upgraded), Anchal- Baniapur, Distt.- Saran
14. Rajesh Kumar Rai S/O Shri Jai Narayan Rai R/O Vill.- Kanhauli
Manohar, P.S.- Baniapur, Distt.- Saran, At Present Posted And Working As
Panchayat Teacher In Newly Created Govt. Primary School, Kawala
Chapra Balua, Anchal- Baniapur, Distt.- Saran
Respondents …. Respondent/s
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3 03-11-2011 Heard learned counsel for the appellants in the
limitation matter as well as on merits. Also heard learned counsel
Patna High Court LPA No.1969 of 2010 (3) dt.03-11-2011
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for the State.
For the reasons mentioned in IA No.10262 of 2010, the
delay of 115 days in preferring this appeal is condoned. The IA
stands allowed.
On merits, leaned counsel for the appellants has
submitted that the clarification contained in Annexure-12 dated
25.8.2008 must operate prospectively and the finding or the
clarification that Madhyama Visharad from Hindi Sahitya
Sammelan, Allahabad is not recognized as equivalent to
Intermediate degree should not be applied to those like the
appellants, who were appointed earlier in 2006 i.e. prior to
25.8.2008.
There is no dispute that academic qualification of
Intermediate degree was essential qualification for the post of
Panchayat Teacher. This qualification is not available to the
appellants in view of not only the clarification contained in
Annexure-12 but also in view of further decision by the State
Government contained in Annexure- 13 dated 27.9.2009, passed
pursuant to order of remand by this Court passed in several writ
petitions including the writ petition of the appellants disposed of
by Annexure-10 dated 30.6.2008.
The learned Writ Court has also noted that the law has
Patna High Court LPA No.1969 of 2010 (3) dt.03-11-2011
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been clearly laid down against the case of the appellants by a
Division Bench of this Court in the case of State of Bihar v.
Mamta Kumari, 2010 (4) PLJR 318. Although the said judgment
is not being challenged before us, an ingenious submission has
been advanced that the appellant should be treated to have the
degree of Intermediate only because he was appointed in 2006. In
our view, this submission has no merit. The discussion made in
Annexure-12 as well as in the Division Bench judgment referred
above leaves no scope but to hold that the appellants do not have
the degree or minimum educational qualification of Intermediate.
Hence, no writ could be issued in their favour to continue them on
the post of Panchayat Teacher.
The appeal is found to be without merit. It is
accordingly dismissed.
If the petitioners have not been paid for any period
when they worked as a Teacher, they would be at liberty to raise
such a grievance before appropriate authority which should be
considered in accordance with law and disposed of within three
months form the date of filing of the representation.
(Shiva Kirti Singh, J)
sk (Shivaji Pandey, J)