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 ----------- 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 2 “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.)