The above C.W.J.C. No. 10133 of 2007 has been referred to us by the learned single Judge under order dated 19th September 2007 [2008 (1) PLJR 695]. The rest of the writ petitions are placed before us as they are ordered to be heard with the above C.W.J.C. No. 10113 of 2007.

With the consent of the learned advocates, the matters are heard and decided at the admission stage.

2. The matter at dispute is the selection and employment of Panchayat Shiksha Mitra under various Gram Panchayats in the State of Bihar. Before we consider the reference made to us, we would like to discuss the genesis of the matter.

3. The State of Bihar in discharge of its constitutional responsibility and under its policy of “Education for All”, under its Resolution dated 21st June 2002 framed the scheme for contractual employment of Panchayat Shiksha Mitra under the Gram Panchayats for primary education in the State of Bihar. The said scheme was later modified by the Government Resolutions dated 11th August 2004 and 7th April 2005.

4. Under its Resolution dated 21st June 2002, the Government of Bihar framed a scheme for selection and employment of Panchayat Shiksha Mitra under the Gram Panchayats in the State of Bihar. The salient features of the said scheme as are relevant for the present set of writ petitions were:–

(i) The District Superintendent of Education was empowered to determine, with the approval of the District Magistrate, the strength of the Panchayat Shiksha Mitra in every district, the extent of reservation and the distribution of posts amongst the Gram Panchayats.

(ii) For employment as Panchayat Shiksha Mitra, a candidate shall be a resident of the Panchayat and shall possess a minimum qualification of passing of matriculation or equivalent examination from a recognized Board with minimum 45% marks.

(iii) The employment would be contractual on monthly honorarium of Rs.1500.00. The contractual period would be 11 months excluding the summer vacation.

(iv) In case of satisfactory service the employment may be extended for a further period of 11 months.

(v) No Panchayat Shiksha Mitra would be employed for more than 11x3=33 months.

(vi) The selection would be made in order of merit on the basis of the marks obtained at matriculation examination. In case of equal marks, the trained candidate, the candidate having higher marks or a woman candidate would be given preference in that order.

The said Resolution of 2002 was modified by Resolution dated 11th August 2004. The said Resolution modified the scheme to the extent it provided, inter alia,:–

(i) As far as possible a minimum 50% reservation for women. In case women candidates with prescribed qualification were not available the requirement may be relaxed.

(ii) The candidate must have passed Intermediate examination or an equivalent examination with at least 45% marks.

(iii) In the event in any Panchayat women candidates having Intermediate qualification are not available, women candidates having Matriculation or equivalent qualification may be employed on condition that such candidate will acquire the Intermediate or equivalent qualification within three years. The District Magistrate was required to make proposal in respect of such candidates to the State Government and the State Government would obtain relaxation under Regulation 5 of National Council for Teacher Education (Determination of minimum qualification for recruitment of teachers in schools) Regulation, 2001 from National Council for Teacher Education.

(iv) The selection for employment as Panchayat Shiksha Mitra would be made on the basis of the marks obtained at Intermediate or equivalent examination, higher educational qualification, training and physical training in accordance with the table under Schedule ‘Ka’.

5. Under the Government Resolution dated 7th April 2005, paragraph 8 of the aforesaid Resolution of 2004 was modified. Paragraph 8 provided for:–

(i) Contractual employment for monthly honorarium of Rs.1500/-.

(ii) Termination of