STATE OF BIHAR Vs. ANJANI KUMAR

JUDGEMENT

(1.) Heard learned counsel for the appellants, learned counsel for the State and its officials and perused the order of the writ court under appeal.

(2.) The writ court has allowed the writ petition with consequential benefit after quashing the impugned order dated 10.10.2009. By the impugned order the Superintendent of Education, Nawadah cancelled the initial appointment of the writ petitioner/respondent herein as Panchayat Shiksha Mitra and as a result his absorption on the post of Panchayat Teacher was also cancelled. This was done on the ground that after appointment or engagement as Panchayat Shiksha Mitra in the year 2003 when he was matriculate he could not have persued course for acquiring Intermediate degree even in evening or morning classes without taking leave or permission of the authority. The stand of the writ petitioner was that he pursued the course for Intermediate after seeking permission from Mukhia and Panchayat Secretary of the Gram Panchayat.

(3.) There is no dispute that the writ petitioner completed studies for Intermediate in 2003-05 sessions and on that basis took the examination and has acquired required degree of Intermediate on the basis whereof he was absorbed on the post of Panchayat Teacher with effect from 1.7.2006. On that post he has worked for more than three years before his very initial engagement has been cancelled for the reasons noticed above.