Mohit Kumar Shah, J. – The present appeal has been filed against the order dated 09.08.2023, passed by the Ld. Single Judge of this Court in CWJC No. 1966 of 2023, whereby and whereunder the writ application has been dismissed, upon the Ld. Single Judge having come to a finding that no illegality or infirmity can be found in the order of termination as well as the order passed by the State Appellate Authority.

2. The brief facts of the case, according to the appellant are that in terms of the State Government Resolution No. 1079, dated 20.06.2002, an advertisement was issued for engagement of Panchayat Shiksha Mitra across the State of Bihar and the appellant being eligible had applied for the post of Panchayat Shiksha Mitra in Gram Panchayat Raj Chakathkursi Kusiyari. The Sukh Suvidha Samiti, Gram Panchayat Raj Chakathkursi Kusiyari, vide letter dt. 18.2.2003 had appointed the appellant as Panchayat Shiksha Mitra on contractual basis for 11 months, whereupon she had submitted her joining on 25.02.2003 at Upgraded Primary School, Gurmiswa, Block-Bidupur, District- Vaishali & since then she has been working there. Subsequently, the term of the appellant as Panchayat Shiksha Mitra at Gram Panchayat Raj Chakathkursi Kusiyari was extended from time to time for further period of 11 months each. In due course, the appellant also became a Panchayat Teacher in terms of memo No. 974, dt. 01.07.2006 of the Human Resources Department, Government of Bihar, whereby all the Panchayat Shiksha Mitra working as on 01.07.2006 were duly recognized as Panchayat Teachers.

3. The Ld. Counsel for the appellant has stated that the appellant passed the matriculation examination in the year 2001 and intermediate examination in the year 2003 apart from having also passed the Evaluation Exam of Elementary Teachers conducted by the Human Resources Department in the year 2009, whereafter in the year 2010, the appellant passed D.P.E. from IGNOU and she was declared to be a trained teacher with effect from 16.12.2012. It has been further stated that at the time of engagement as Panchayat Shiksha Mitra, since the appellant had not obtained the certificate of passing the matriculation exam, she had produced her mark-sheet and school leaving certificate in proof of passing the said exam as well as in proof of her date of birth, i.e. 10.09.1984, however subsequently on 04.08.2015 when she got certificate of matriculation exam, it transpired that her date of birth has been mentioned as 10.09.1986. Thereafter, the appellant had vigorously tried to get the date of birth recorded in her matriculation examination certificate corrected, however to no avail but in the meantime, one Ashok Kumar had made a complaint before the District Public Grievance Redressal Officer, Vaishali on 12.07.2019 with respect to the irregular engagement of the appellant, whereupon a report was called for from the District Programme Officer (Establishment), Vaishali and in pursuance thereof, he had submitted his report dated 16.09.2019, inter alia stating therein that it is apparent from the records that though the date of birth of the appellant is 10.09.1984, however the Bihar School Examination Board, Patna has recorded it as 10.09.1986 in the original certificate and for correction of the same, the appellant has sent it to the Bihar School Examination, Patna, whereafter the proceedings before the District Public Grievance Redressal Officer, Vaishali was dropped, vide order dated 01.10.2019, stating therein that till a final decision is taken by the Bihar School Examination Board, Patna, there is no requirement of any action in the matter.

4. Subsequently, the salary of the appellant was stopped with effect from July 2022, vide letter dated 22.12.2021, issued by the Block Education Officer, Bidupur, Vaishali till correction of the date of birth by the Bihar School Examination Board, Patna. The appellant had then filed a writ petition bearing CWJC No. 502 of 2022, seeking a direction upon the