RAKESH TIWARI SON OF SHREE RAM DULAR TIWARI, POSTED AS PANCHAYAT SHIKSHA MITRA IN KANYA PRATHAMIK VIDYALAYA TULSIPUR, POLICE STATION Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, VIKASH BHAWAN, PATNA

JUDGEMENT

(1.) This is an application seeking quashing of the order of the District Teachers Appointment Appellate Authority, Kaimur (Bhabhua) dated 12.05.2010 passed in Appeal No. 201/2009 whereby the Appellate Authority has rejected the petitioners' claim for his continuance as Shiksha Mitra as on 01.07.2006 and his deemed absorption as Panchayat Teacher under Rule 20(iii) of Bihar Panchayat Elementary Teacher (Employment and Service Conditions) Rules, 2006.

(2.) This is not in dispute that in March 2003, petitioner was appointed as Shiksha Mitra for Gram Panchayat Raj Akorhi Mela under the District of Kaimur for the period of 11 months. The said period was subsequently extended for another 11 months. Before the petitioner could be granted further extension on the post of Shiksha Mitra, as the State Government decided to enhance the minimum qualification for appointment as Shiksha Mitra from matriculation to intermediate, with effect from 11.08.2004. Admittedly, the petitioner did not have the qualification of Intermediate. No document has been brought on record that for any reason the petitioner's term as Shiksha Mitra was extended for further period. It is a different matter that such extension could not have been granted in view of the State Government decision dated 11.08.2004 to enhance the qualification.

(3.) With effect from 2006, Bihar Panchayat Elementary Teacher (Employment and Service Conditions) Rules, 2006 came into force. By virtue of the Rules post of Panchayat Shiksha Mitra stood abolished and all circulars/guidelines relating to appointment etc. of Shiksha Mitra stood repealed. The persons who were continuing as Shiksha Mitra as on 01.07.2006 were deemed to have been absorbed as Panchayat Teachers by operation of Rule 20 (iii) of 2006 Rules.