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2013 DIGILAW 441 (PAT)

Nutan Kumari v. State of Bihar

2013-04-02

AJAY KUMAR TRIPATHI

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ORDER Annexure – 5 was the notice issued by the Mukhiya to the petitioner that she had an obligation to acquire intermediate degree within three years of her appointment as a Panchayat Shiksha Mitra in the changed rules and regulations. Since the petitioner was trying to rely upon a degree obtained from Hindi Sahitya Sammelan, Allahabad to establish acquisition of her intermediate degree which is stated to be at par with intermediate, the same was not accepted by the Panchayat since such a degree has no recognition in the State of Bihar. 2. Contention of the counsel is that, subsequently on a misplaced kind of understanding of a communication issued from the Office of G.A. No. 9, an order of dismissal has been passed in terms of Annexure 9. Counsel has taken me through the communication of the G.A.-9 the order passed by the Writ Court, wherein there is no reflection on the continuance of this petitioner since those Orders are on record of the Writ Court. 3. In addition to that counsel for the petitioner submits that the petitioner has further acquired an intermediate degree from Bihar School Examination Board in the year 2008 and after the acquisition of the degree contained in Annexure- 11, there was no occasion for the Panchayat to dismiss her from service by issuing Annexure – 9 on 11.09.2009. 4. There seems to be some confusion leading to the order of removal contained in Annexure- 9 passed by the Panchayat Secretary, as there is no correlation between the Order of the High Court, the communication dated 26.12.2007 and the issue as such under consideration in that Writ Application. 5. In view of the same, the impugned order, contained in Annexure- 9 is quashed. Writ Application is allowed. It will be open to the respondents to pass a fresh order if they so want. However, it is clarified that now that the degree of intermediate has been acquired by the petitioner that will be taken into consideration as Hindi Sahitya Sammelan, Allahabad degree is no longer can be the basis for her continuance as such.