JUDGMENT :

1. Heard Mr. Mrityunjay Kumar, learned counsel for the petitioner and Mr. Pramod Kumar Singh, learned A.C. to S.C. 16 appearing for the Respondents-State.

2. The present writ application has been filed for quashing of letter No. 389 dated 26.10.2018 (Annexure-4) issued by the Block Education Officer, Sarairanjan, Distt. Samastipur, whereby a direction has been issued to the Mukhiya and Panchayat Secretary of the Gram Panchayat, Akhtiyarpur, Balbhadra to cancel the appointment of the petitioner as Panchayat Teacher in Primary School, Bhojpur, Ward No. 12 on the ground that the petitioner has been appointed on the basis of certificate issued from non recognized institution.

3. The brief facts giving rise to the present writ application is that the petitioner was appointed on 5.11.2007 as Panchayat Teacher in Primary School, Bhojpur, Ward No. 12, Gram Panchayat Akhityapur Balbhadra, Block Sarairanjan, Distt. Samastipur and at the time of appointment the petitioner had produced the Madhyama Visharad certificate issued by Hindi Sahitya Sammelan, Prayag, Allahabad, equivalent to Intermediate. After appointment of the petitioner in 2007, the certificate issued by the Hindi Sahitya Sammelan, Prayag, Allahabad, has been declared invalid pursuant to Govt. Circular with effect from 25th August, 2008 and a clarification in this regard was issued by the Director, Primary Education, Government of Bihar, Patna, vide his letter No. 131 dated 11.02.2012 stating therein that the certificate of Madhyama Visharad obtained from Hindi Sahitya Sammelan, Parayag, Allahabad, has been declared invalid and the teacher who has been appointed in the year 2006 on the basis of the said certificate shall remain continued on their respective posts. The petitioner has further stated that after appointment, the petitioner continued on the post and succeeded in the teacher evaluation (Dakshta Pariksha) conducted by the SCERT in the year 2013 and also passed the two years in service teacher training course i.e. D.el.ed exam conducted through the Bihar School Examination Board as well as the State Council for Education Research and Training, Patna.

4. A counter affidavit has been filed on behalf of the Respondent Nos. 6 and 8 stating therein that the petitioner has been removed from service in pursuance of direction of Block Education Officer, Sarairanjan, Distt. Samastipur, vide letter No. 389 dated 26.10.2018 and accordingly letter No.34 dated 9.11.2018 was issued by the Panchayat Secretary by which the petitioner has been removed from service. It has further been contended in the counter affidavit that there is alternative remedy of appeal before the District Teacher Employment Authority and the petitioner may be relegated to the remedy of appeal. The letter of removal dated 9.11.2018 has been challenged by the petitioner by way of filing Interlocutory Application bearing LA. No. 1/2021 stating therein that before issuance of the letter of removal, annexed at Annexure-9 to the Interlocutory Application, the petitioner was not served with any show cause notice and the order of removal has been passed in complete violation of principle of natural justice as well as Circular of the State Govt. dated 25.8.2008.

5. Learned counsel for the petitioner in support of the writ application submits that the impugned letters at Annexure-4 and 9 have been issued without application of mind inasmuch as from perusal of Annexure-2 and the Circular dated 25.08.2008 issued by the Government of Bihar, vide Memo No. 3152. From perusal of Circular dated 25.8.2008, it would be evident that Madhyama certificate issued by Hindi Sahitya Sammelan, Prayag, Allahabad, along with other institutions mentioned in the Circular shall not be considered for the purpose of appointment of teachers in Primary Schools. The Circular further clarifies that the appointment made on the posts of teacher prior to this Circular shall be guided by the Circular issued by the Personnel and Administrative