Arun Kumar Jha, J. – Learned counsels for the appellant and the respondents have been heard.

2. The present L.P.A. is directed against the judgment dated 09.02.2021 passed in CWJC No. 7422 of 2020 by the learned Single Judge of this Court whereby and whereunder the civil writ petition filed by the appellant has been dismissed.

3. In the writ petition, the appellant-petitioner has sought following relief: –

“(i) For quashing the order as contained in memo no.2359 dated 29.11.2019 issued under the signature of respondent no.5 whereby and whereunder the petitioner has been terminated from the service pursuant to the direction given by respondent no.4.

(ii) Also for commanding the respondents to reinstate the petitioner to the post of panchayat teacher of middle school Islampur, Block Goraul, District- Vaishali and grant all consequential benefits to the petitioner w.e.f. the date of termination.

(iii) And for any other relief (s) for which petitioner is found to be entitled in view of the facts and circumstances of the case”.

4. Brief facts of the case are that an advertisement was published for appointment of Block Teacher. The appellant having requisite qualification applied and following the process, he was selected. Thereafter, he was appointed as Block Teacher (Untrained), Urdu by an order contained in letter no. 744 dated 28.12.2010 issued under the signature of the Executive Officer, Block Panchayat Samiti, Goroul and was posted and joined in Middle School, Islampur.

5. The appellant acquired his qualifying certificate of Molvi from an Institute, namely, Jamia Rahmania Hamdia Pokhraira (Sharif), Sitamarhi in the year, 2005 and at the time of selection on the post of Block Niyojit Teacher, he submitted the said certificate of Molvi before the Selection Committee. The Selection Committee, after due scrutiny, issued the appointment letter in favour of the appellant and, thereafter, the appellant started discharging his duties to the satisfaction of all concerned.

6. The appellant received a show cause notice dated 03.09.2019 issued by the respondent no.5 stating therein that the certificate of Molvi of the appellant has been found to be forged during the vigilance enquiry and an FIR bearing Goraul P.S. Case No.264/2019 has been registered and the appellant was asked to submit his reply to the said show cause notice. The appellant filed his reply on 14.09.2019 stating therein that the District Education Officer, Sitamarhi vide letter no. 981 dated 20.05.2011 submitted an enquiry report after physical verification of the institute in question and it was found that the institute in question was in existence and it was in the list of Madarsa and was running successfully. However, vide order dated 29.11.2019 issued under the signature of the respondent no.5, the services of the appellant was terminated. Against the said order dated 29.11.2019, the appellant preferred CWJC No.7422 of 2020 before the learned Single Judge. The learned Single Judge having considered the matter in its entirety, dismissed the aforesaid writ petition vide judgment dated 09.02.2021, which is under challenge in the present LPA.

7. The learned counsel for the appellant submitted that appointment of the appellant was made on the post of Block Teacher (Untrained), Urdu in terms of the Rule 6 of Bihar Panchayat Elementary Teacher (Employment and Service Conditions) Rules, 2006 as amended in 2008 (hereinafter ‘the Rules’). The learned counsel further submitted that the ground for termination of the appellant from service that his certificate of Molvi has been found to be forged during the vigilance enquiry is not sustainable in the eyes of law as at the time of appointment, the institute in question was running successfully and it was recognized by the Madarsa Board. The learned counsel further submitted that the appellant having been appointed in the year 2010, would be governed by the 2008 Rules which did not have any such condition. As per Rule 6 of the 2008 Rules,