IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15402 of 2009 1. CHANDA DEVI @ CHANDA KUMARI W/O VINOD KUMAR RAM, R/O VILL-SEMARIYA, P.O- BARE, P.S- BHABUA DISTT- KAIMUR (BHABUA) Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATI RAJ, GOVERNMENT OF BIHAR, PATNA 2. SECRETARY, DEPARTMENT OF HUMAN RESOURCES, GOVERNMENT OF BIHAR, PATNA 3. DIRECTOR, DEPARTMENT OF PANCHAYATI RAJ, GOVERNMENT OF BIHAR, PATNA 4. DISTRICT MAGISTRATE, KAIMUR (BHABUA) 5. BLOCK DEVELOPMENT OFFICER, BHABUA, KAIMUR (BHABUA) 6. DISTRICT PANCHAYATI RAJ OFFICER, KAIMUR (BHABUA) ----------- 2. 02.12.2009 Heard learned counsel for the petitioner and the State. It is not disputed on behalf of the Respondents that Madhyama has been treated as equivalent to Matriculation and, therefore, it was an eligible qualification to be considered for appointment on the post of Secretary, Gram Katchahri. The Respondents by a gazette notification dated 5.1.2009 have amended the statutory Rules regulating the appointment to incorporate the same eligibility from 31.1.2008. The writ petition is disposed in the aforesaid terms when the Respondents shall have to keep in mind that the statutory amendment with effect from 31.1.2008 cannot be given retrospective effect by an executive instruction. AKS/ (Navin Sinha, J.)