The central legal point established in the judgment is the interpretation of the eligibility criteria for the appointment of Elementary Teachers under the Bihar Municipal Elementary Teachers (Employment and Service Conditions) Rules, 2006, and the recognition of certificates awarded by the Hindi Sahitya Sammelan, Allahabad.

(Per: Hon'ble the Chief Justice) These three Appeals preferred under Clause 10 of the Letters Patent arise from the judgment and order dated 12th August, 2011 passed by the learned single Judge in above CWJC No. 13955 of 2010.

2. Letters Patent Appeal Nos. 1597 of 2011 and 1691 of 2011 are preferred by the writ petitioners whereas Letters Patent Appeal No. 1445 of 2011 is preferred by the Intervenors.

3. The matter at dispute is the appointment to the post of Elementary Teachers in Municipal Schools under Muzaffarpur Municipal Corporation.

4. It appears that pursuant to the Bihar Municipal Elementary Teachers (Employment and Service Conditions) Rules, 2006 (hereinafter referred to as "the 2006 Rules"), some 11 persons (the appellants in Letters Patent Appeal No. 1445 of 2011) thereinafter referred to as "the Intervenors") were appointed as Elementary Teachers on 30th November, 2006 in the Municipal Schools in Muzaffarpur town. The Intervenors had secured certificate of Prathama awarded by the Hindi Sahitya Sammelan, Allahabad. Since their appointment, on further examination, the said Intervenors were held to be ineligible for appointment as Elementary Teachers. After issuing notice to show cause and considering their reply, their services were terminated on 21 st September, 2007.

5. Feeling aggrieved, the Intervenors filed CWJC No. 6266 of 2007. This Court (Coram: Navin Sinha, J.) by the judgment 'Ed.-Reported in 2009(3) PLJR 54 and order dated 26th June, 2008 allowed the said writ petition and held that the certificate of Prathama awarded, to the Intervenors by the Hindi Sahitya Sammelan, Allahabad prior to 31st December 1987 was recognized by the State of Bihar as a qualification equivalent to Matriculation, The Intervenors were, therefore, eligible for appointment as Elementary Teachers in Municipal Schools. The said judgment was confirmed by the Division Bench in Letters Patent Appeal No. 297 of 2009*, Pursuant to the said judgment, the Intervenors were reinstated in service on 7th September, 2009.

6, It further appears that since termination of the service of the Intervenors on 21st September, 2007, the respondent authorities operated the wait list and appointed some 11 persons (the writ petitioners in CWJC No, 13955 of 2010) against the resulting vacancies, Consequent to the order of the High Court in CVVJC No. 6266 of 2007 and reinstatement of the Intervenors in service on 7th September 2009; the respondent authorities stopped paying salary to the writ petitioners in CWJC No. 13955 of 2010 (hereinafter referred to as "the writ petitioners").

7. Feeling aggrieved, the writ petitioners filed CWJC No. 13955 of 2010. In the said writ petition, the Intervenors were allowed to intervene. The learned Single Judge was of the opinion that once the original appointees (the Intervenors) were reinstated in service under the orders of the Court, the natural corollary would be removal of the writ petitioners as the appointment of the writ petitioners was contingent and not absolute In the circumstances, the learned Single Judge has directed the respondents to take imnediate steps for removal of the writ petitioners from service; but has also held that they were entitled to salary so long as they are allowed to work.

8. While disposing of 'the writ petition as aforesaid, the learned Single Judge also examined the claim of the Intervenors (appellants in Letters Patent Appeal No. 1445 of 2011) to hold that the certificate of Prathama awarded to them by the Hindi Sahitya Sammelan, Aliahabad was not recognized by the State of Bihar; not for the period prior to 31st December 1987 either. The Intervenors were, therefore, not eligible for appointment as Elementary Teachers in Municipal Schools. In holding so, the learned single Judge relied upon the Division Bench judgment in the matter of Surendra Prasad Sahi vs. The State of Bihar & Ors. (Letters Patent Appeal No. 654 of 2009 in CWJC No. 1681 of 2009, decided on 4th December, 2009) and in t