IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.2291 of 2010
1. MAYA DEVI D/O RAMASHISH SINGH AND W/O NAGENDRA
SINGH R/O VILL.- BIHTA, P.S.- HASPURA, DISTT.- AURANGABAD
Versus
1. THE STATE OF BIHAR
2. THE DISTRICT MAGISTRATE, AURANGABAD
3. THE DISTRICT PANCHAYAT RAJ OFFICER, AURANGABAD
4. THE BLOCK DEVELOPMENT OFFICER, HASPURA BLOCK,
DISTT.- AURANGABAD
5. PUNAM DEVI W/O SUNIL SINGH SARPANCH, GRAM
PANCHAYAT JAITPUR WITHIN HASPURA BLOCK, P.S.- HASPURA,
DISTT.- AURANGABAD, RESIDING AT VILL.- BIHTA, P.S.-
HASPURA, DISTT.- AURANGABAD
6. BRIJ KISHORE PRASAD S/O RAMDHIR PRASAD R/O VILL.-
MAHUARH, P.S.- HASPURA, DISTT.- AURANGABAD
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2. 16.8.2010 Heard learned counsel for the petitioner and
the State.
The petitioner was an applicant for the post of
Secretary, Gram Kachahari possessing qualification of
“Madhyama” and placed at serial no.2 of the panel. The
person at serial no. 1 was not appointed having found to
be possessing a forged certificate. Respondent no. 6 at
serial no. 3 of the panel possessing matriculation
qualification was appointed. Subsequently “Madhyama”
was held to be equivalent to Matriculation for such
appointment. The petitioner stakes her claim for
appointment in that light.
The writ petition does not state date of
appointment of respondent no. 6. The rules regulating
appointment have been notified on 5.1.2009 amending
with retrospective effect from 31.1.2008 making
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“Madhyama” eligible. The legislature has not given it
retrospective effect, for appointment prior to 31.1.2008.
This Court has already held that the legislative
amendment cannot be given further retrospective effect
by an executive order.
Leave is sought to file a representation before
the concerned respondents. While considering such
representation, this Court expects the concerned
respondents to keep the aforesaid discussion in mind in
so far as the appointment of respondent no. 6 is
concerned and to give him notice and hear him before
proceeding in the matter, if so considered necessary.
The application stands disposed.
P. Kumar ( Navin Sinha, J.)