IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3407 of 2008 MIRA KUMARI & ORS Versus THE STATE OF BIHAR & ORS ----------- 2/ 21/04/2010 Heard learned counsel for the petitioners and learned counsel for the opposite parties. It is acknowledged that the order of the Court stands complied with regard to petitioner No.1. The application is disposed as infructuous with regard to her. The matter concerns the appointment as Secretary, Gram Kutchery. Petitioners 2 and 3 hold the qualification of ‘Madhyama’. The advertisement stipulated ‘Matriculation’. In the writ petition this Court held relying on a Government resolution that ‘Madhyama’ was equivalent to ‘Matriculation’. The order was affirmed in an appeal preferred by the State. Thereafter, the opposite parties amended the appointment rules on 5.1.2009 by a legislative amendment with effect from 31.1.2008 making ‘Madhyama’ as acceptable qualification. Thereafter the cut-off date i.e. 31.1.2008 was sought to be given further retrospective effect by executive orders which, this Court in more than one writ petition has held, cannot be done. This Court in certain other orders has also held that those who were appointed prior to 2 5.1.2009 formed a class by themselves and unless there be any illegality in their appointment or selection process cannot be ousted to accommodate any other. This application is therefore disposed with a direction to the respondents to now examine the case of the petitioner in light of the aforesaid discussion and the orders passed by this Court in that regard within a maximum period of three months from the date of receipt/production of a copy of this order. The application stands disposed. KC (Navin Sinha, J.)