Nani Tagia, J. – Heard learned counsel for the parties.

2. This writ petition has been filed challenging the order dated 16.06.2023 passed by the State Appellate Authority in Appeal No. 170 of 2023, whereby the petitioners’ appeal filed before the State Appellate Authority challenging the order dated 22.12.2017; letter No. 07 dated 22.12.2017 and letter No. 08 dated 22.12.2017, issued under the seal and signature of the Panchayat Secretary and Mukhiya of the Gola Pakariya Panchayat, Block–Bankatwa District – East Champaran cancelling the petitioners’ services as Panchayat Teacher, has been dismissed.

3. The petitioners were appointed as Panchayat Teacher on 30.11.2006 on the strength of their educational qualification of Parthama, Madhyama (Visharad) obtained from the Hindi Sahitya Sammelan, Prayag, Allahabad considering it to be equivalent to intermediate. The petitioners’ appointment as Panchayat Teacher was cancelled by the Panchayat authority vide letter dated 22.12.2017 on the ground that the educational qualification of Parthama, Madhyama (Visharad) obtained from the Hindi Sahitya Sammelan, Prayag, Allahabad is not recognized as equivalent to intermediate and therefore, since the intermediate pass is an essential qualification for appointment of the Panchayat Teacher, the petitioners could not have been appointed as Panchayat Teacher initially.

4. The State Appellate Authority vide impugned order dated 16.06.2023, has dismissed the appeal filed by the petitioners by relying on the decision rendered by the Division Bench of this Court in LPA No. 28 of 2010, wherein, this Court had held that the educational qualification of Parthama, Madhyama (Visharad) obtained from the Hindi Sahitya Sammelan, Prayag, Allahabad is not recognized as an educational qualification equivalent to intermediate and therefore, any appointment made as Panchayat Teacher on the basis of the educational qualification of Parthama, Madhyama (Visharad) obtained from the Hindi Sahitya Sammelan, Prayag, Allahabad would be void ab-initio.

5. The order of the State Appellate Authority passed in Appeal No. 170 of 2023 has been contested by the learned senior counsel for the petitioners by relying on an order of this Court dated 11.07.2019 passed in CWJC No. 16939 of 2018 as well as the letter dated 11.02.2012 written by the Director, Primary Education, Government of Bihar to all the District Education Officers/ District Education Superintendents regarding the degree of Parthama, Madhyama (Visharad) awarded by the Hindi Sahitya Sammelan, Prayag, Allahabad, wherein, it has been stated that the Human Resources Development vide letter No. 3152 dated 25.08.2008, has declared the degree of Parthama, Madhyama (Visharad) awarded by the Hindi Sahitya Sammelan, Prayag, Allahabad as invalid for recruitment of teacher but the teachers employed on the above degree in the year 2006 will continue to hold their post.

6. Order dated 11.07.2019 passed in CWJC No. 16939 of 2018 is extracted hereinbelow for ready reference: –

‘Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

This writ petition was filed after service of two advance copies to the office of Advocate General on 27.7.2018 yet no counter affidavit has been filed by the respondents.

Grievance of the petitioner in the present writ application is non-payment of salary despite the petitioner is continuing as teacher.

Learned counsel for the petitioner submits that respondents have appointed the petitioner in 2006. They are not making payment on the pretext that the degree obtained from Hindi Sahitaya Sammelan, Prayag, Allahabad is invalid.

The decision to declare the degree invalid with effect from 25.8.2008 whereas the petitioner was appointed in 2006.

In view of the above, the Court does not find any justification to approve the action of the respondent holding the degree obtained from Hindi Sahitaya Sammelan, Prayag, Allahabad before 2006 as invalid. The same cannot be read with retrosp