IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.647 of 2010
1. Lila Devi W/O Samarendra Singh R/O Vill.- Kolodihari,
P.S. Chauri, Distt.- Bhojpur (Ara)
Versus
1. The State Of Bihar
2. The District Magistrate, Bhojpur
3. The Sub-Divisional Officer, Bhojpur
4. The Block Development Officer-Cum Nodal Officer
Kolodihari, Distt.- Bhojpur
5. Surpanch Cum Chairman Selection Committee Gram
Panchayat Koldehari, P.S. Chauri Distt.- Bhojpur
6. Dazy Kumari D/O Dina Nath Prasad At Present Sachiv
Gram Kechari Kolodihari P.S. Chauri, Distt.- Bhojpur And
R/O Vill.- Kolodehari, P.S. Chauri, Distt.- Bhojpur
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3. 26.08.2011 Heard learned counsel for the petitioner
and the State.
The petitioner was an applicant for the
post of Secretary, Gram Kutchery and is aggrieved by
the selection of respondent no. 6 in preference to
her.
The respondent no. 4 has filed a counter
affidavit. It states that respondent no. 6 held the
qualification of ‘matriculation’ and the petitioner
‘Madhyama’.
The selection process was initiated on
24.8.2007. The eligibility statutorily fixed under
Rule 5 of the Bihar Gram Kutchery (Appointment,
Service Conditions and Duties) Rules, 2007 was
matriculation only. Therefore a person holding
Madhyama qualification was not eligible to apply.
That this Court may have held that Madhyama was
2
equivalent to matriculate relying upon a circular of
1999 cannot tantamount to a direction by the Court
to act contrary to the statutory provisions. No Court
of law can issue a mandamus contrary to the
statute. Rule 5 then came to be amended on
31.1.2008 with prospective effect by which
Madhyama was added as an eligible qualification for
the post. Therefore a person holding Madhyama
qualification could apply to be considered only after
31.1.2008 and not before that.
The Court therefore finds no error calling
for interference.
The application is dismissed.
P. Kumar ( Navin Sinha, J.)