PANKAJ KUMAR MUKUL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the counsel appearing for the State.

(2.) Prayer of the petitioners in these Writ Applications is for quashing of their termination orders, issued by the respective Respondents in their cases petitioner's appointment on the post of panchayat Teachers have been cancelled on the basis of direction, issued by the State Government to reinstate those Panchayat Teachers, who were earlier terminated from the post of Panchayat Teachers on the ground, that they did not possess requisite qualification for being appointed on the post, since they have obtained their Intermediate degree in vocational course.

(3.) This is not in dispute that prior to petitioner's appointment on their respective post of Panchayat Teachers, the private respondents had been appointed, but they were terminated on the ground that they have obtained their Intermediate degree in vocational course and as per Bihar Panchayat Primary Teachers (Employment and Service Conditions) Rules, 2008, the Intermediate degree in vocational course is not the requisite qualification for being appointed on the post. The vacancies created on account of their termination were re-advertised. Petitioners applied for the post and following all procedures, as provided under the Rules, they have been appointed. The teachers, who were earlier appointed and terminated, challenged their termination Orders by filing Writ Applications before the High Court on the ground that the issue relating to Intermediate degree in vocational course is requisite qualification for appointment and equivalent to Intermediate degree in general subjects, already been settled and the ground on which they have been terminated from their post, being non-existent ground, their appointment Orders are illegal and fit to be quashed. Writ Applications filed by those wit petitioners were allowed in C.W.J.C. No. 10203 of 2007 and analogous cases. The direction was issued to the Respondent Authorities to reinstate them. In compliance of the Order, passed in the Writ Application, the State Government took a decision for reinstating such terminated Panchayat Teachers and the present writ petitioners, who had legally been appointed, their appointment was cancelled without any rhyme and reason and without any notice to show-cause.