IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10353 of 2009 1. Jayprakash Yadav, S/O Shri Ramawtar Yadav, R/O Village- Navgawa, P.S.- Dumaria( State), District- West Champaran. 2. Ajay Kumar Kushwaha, S/O Shri Harikishun Mahto, R/O Village- Hardia, P.S.- Ramnagar, District- West Champaran. 3. Bhoj Hajra, S/O Late Shankar Hajra, R/O Village- Dainbharwa, P.S. Ramnagar, District- West Champaran. 4. Tilak Dhari Yadav, S/O Shri Amika Yadav, R/O Village-Taulaha, P.S. Ramnagar, District- West Champaran. 5. Shankar Baitha, S/O Bricha Baitha, R/O Village- Bakawa Chandaul, P.S. Gobardhan(Dumri), District- West Champaran. ............Petitioners. -Versus- 1. The State of Bihar. 2. The Principal Secretary, Panchayati Raj Department, Govt. of Bihar, Patna. 3. The District Magistrate, West Champaran, Bettiah. 4. The Block Development Officer, Ramnagar, District- West Champaran. 5. The Surpanch, Gram Kachahri, Gram Panchayat Raj, Dhokrahan, Block-Ramnagar, District- West Champaran. 6. The Surpanch, Gram Kachahri, Gram Panchayat Raj, Dainbharwa, Block-Ramnagar, District- West Champaran. 7. The Surpanch, Gram Kachahri, Gram Panchayat Raj, Sabeya, Block-Ramnagar, District- West Champaran. 8. The Surpanch, Gram Kachahri, Gram Panchayat Raj, Taulaha, Block-Ramnagar, District- West Champaran. 9. The Surpanch, Gram Kachahri, Gram Panchayat Raj, Parsauni, Block-Ramnagar, District- West Champaran........Respondents. ----------- 2. 24.08.2009. Heard the learned counsel for the petitioners and the State. Petitioners are Matriculate and were appointed as Secretary Gram Kachhari, though they were below in the panel as candidates above them were Madhyama which was not the qualification advertised as per the provision in the Rules as it earlier existed at the time of the appointment of the petitioners. After the appointment of the petitioners, Rules have been amended in the light of the orders of the High Court and the petitioners are apprehending their removal. Till date no removal order - 2 - has been passed. In the circumstances, this writ application is not maintainable. The application is disposed of with liberty to the petitioners to challenge the removal order as and when passed before the competent authority. In case the order is passed by an authority lower in rank than the Collector of the District then the same should be challenged before the District Magistrate. If the order is passed by the District Magistrate, the removal order should be challenged before the Divisional Commissioner. This application is, accordingly, disposed of. U.K. (V.N.Sinha,J)