AFSHAN KHURSHID Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed to quash the order contained in Memo No. 772 dated 07.02.2011 passed in Appeal No. 13/09 issued by the District Teacher Employment authority Munger, whereby the appointing authority has been directed to make removal of the petitioner from the post of Panchayat Teacher.

(2.) The Learned Counsel for the petitioner submitted that on 10.02.2003 meeting of the Sukh Suvidha Committee of the concerned Gram Panchayat was held for the purposes of selection of Panchayat Shiksha Mitra and the petitioner besides others came to be selected under unreserved category. The petitioner was appointed on the post of Shiksha Mitra in Primary School Maqtab Mian Toli in terms of Letter No. 04 dated 20.02.2003 (Annexure-5) and on the same day she made her joining. The petitioner enhanced her qualification and passed out Molvi Examination which is equivalent to Intermediate, as the State Government made change in the illegibility criteria i.e. Minimum Educational Qualification for appointment on the post of Panchayat Shiksha Mitra. It is further submitted that the petitioner was already appointed and serving the post of Shiksha Mitra on 01.07.2006, therefore, in terms of Rule 20 (iii) of Bihar Panchayat Elementary Teacher (Employment and Service Conditions) Rule 2006, her absorption was made on the post of Panchayat Shikshak. The petitioner also completed Teachers training course from Indira Gandhi National Open University.

(3.) The District Teachers Employment Appellate Authority Munger, vide Letter No. 407 dated 03.05.2010 asked the petitioner to produce the relevant documents of her appointment, whereupon the petitioner submitted her reply that she was appointed to the post of Shiksha Mitra in the year 2003 and the documents relating to her appointment are available with the Panchayat Niyojan Samiti, therefore, the same may be asked from the concerned person.