IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5630 of 2010 1. Sunita Kumari, W/O Saroj Kumar, R/O Vill.- Sheopur, P.O.- Saroj, P.S.- Nokha, Distt.- Rohtas 2. Raghunath Ram, S/O Sri Bhim Ram, R/O Vill.+P.O.- Rophatha, P.S.- Nokha, Distt.- Rohtas ….. Petitioners Versus 1. The State Of Bihar. 2. Principal Secretary, Rural Development, Govt. of Bihar, Patna 3. Director, Panchayati Raj, Govt. of Bihar, Patna 4. District Magistrate, Rohtas at Sasaram 5. Block Development Officer, Distt.- Rohtas 6. Surpanch, Gram Kachahari Dakshani Baraon, Nokha Block, Nokha, Rohtas 7. Surpanch, Gram Kachahari Hathani, Hathani Gram Panchayat, Nokha Block, Nokha, Distt.- Rohtas. … Respondents Ist Set 8. Nilam Devi @ Nilam Kumari, W/O Ajay Prasad Singh, R/O Vill.- Raghunathpur, P.O.- Baraon, P.S.- Nokha, Distt.- Rohtas 9. Abhay Kumar, S/O Dadan Singh, R/O Vill.- Rupipur, P.O.- Rophatha, P.S.- Nokha, Distt.- Rohtas. …… Respondents 2nd Set. ----------- 3 08.09.2011 Heard learned counsel for the petitioners, State and for private respondents 8 and 9. The controversy relates to appointment on the post of Secretary, Gram Kutchary. Learned counsel for the petitioners fairly acknowledges that the writ application has substantially becomes infructuous in view of Rule 8(2) of the Bihar Gram Katchahry Sachiv (Appointment, Service conditions and Duties) Rules, 2007 (hereinafter referred to as the ‘Rules’) by expiry of the tenure of the Gram Kutchary itself. The claim of the petitioners for appointment to the post of Secretary was based on 2 Madhyama qualification under an advertisement published prior to amendment of the Rules on 31.3.2008 recognizing the said qualification for eligibility. Prior thereto the only eligible qualification prescribed under Rule 5 was Matriculation. Therefore prior to 31.1.2008 a person holding Madhyama qualification was clearly ineligible to apply. It is not considered necessary to go into the correctness of the Madhyama and/or Matriculation certificates of the petitioners and/or the date of birth recorded in the two and all such issues are left open to be agitated by the aggrieved if necessary at a subsequent stage in an appropriate proceeding. Any fresh application for appointment shall always constitute a fresh cause of action to be tested on its own facts. The writ application stands disposed. Md. Ibrarul ( Navin Sinha, J.)