BINTI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioners and the learned Counsel for the State.

(2.) It is contended that the qualification for appointment of Shiksha Mitra was Matriculation. The petitioners in CWJC No. 7107 of 2009 held the qualification of Prathma equivalent to Matriculation, from Hindi Sahitya Sammelan, Allahabad were appointed as Shiksha Mitra on 30.1.2003. In CWJC No. 6149 of 2009 the qualification possessed is Madhyama Visharad (Intermediate), the only point of difference. In CWJC No. 6150 of 2009 also it is the issue of qualification of Madhyama Visharad from Hindi Sahitya Sammelan, Allahabad. Their services were renewed from time to time as permissible for three occasions for eleven months each and by virtue of which they acquired the status of Panchayat Shikshak on 1.7.2006. It is the further case of the petitioners in CWJC No. 7107 of 2009 that after 1.7.2006 within the time prescribed they also acquired the qualification of Intermediate from Hindi Vidyapith, Deoghar and Kameshwar Singh Darbhanga Sanskrit University respectively. The petitioners came to this Court earlier in CWJC No. 13260 of 2007 aggrieved by the subsequent decision of the respondents not to recognise their qualifications from the Hindi Sahitya Sammelan, Allahabad. This Court disposed off the writ application to examine the matter afresh in light of certain other orders in CWJC No. 4007 of 2007. The respondents have then passed a fresh order on 27.9.2008 that the qualifications of the petitioners from the Hindi Sahitya Sammelan, Allahabad had not been accepted by the State Government.

(3.) Learned Counsel from the impugned order dated 27.9.2008 submits that the respondents have placed reliance on a decision dated 25.8.2008 that the qualifications from the Hindi Sahitya Sammelan, Allahabad was not acceptable. He submits that this court in CWJC No. 4007 of 2007 held that there had been no decision by the State Government in this regard. Only thereafter it has been noticed in CWJC No. 10748 of 2008 that a policy decision has been taken by the State Government as noticed in CWJC No. 14222 of 2008 not to grant acceptability to the qualifications from the Hindi Sahitya Sammelan, Allahabad by a State Government decision dated 20.11.2008. It has held that the decision has to be prospective from that date and cannot be given retrospective effect. The submission therefore is that the petitioners are entitled to similar treatment.