IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.647 of 2010 1. Lila Devi W/O Samarendra Singh R/O Vill.- Kolodihari, P.S. Chauri, Distt.- Bhojpur (Ara) Versus 1. The State Of Bihar 2. The District Magistrate, Bhojpur 3. The Sub-Divisional Officer, Bhojpur 4. The Block Development Officer-Cum Nodal Officer Kolodihari, Distt.- Bhojpur 5. Surpanch Cum Chairman Selection Committee Gram Panchayat Koldehari, P.S. Chauri Distt.- Bhojpur 6. Dazy Kumari D/O Dina Nath Prasad At Present Sachiv Gram Kechari Kolodihari P.S. Chauri, Distt.- Bhojpur And R/O Vill.- Kolodehari, P.S. Chauri, Distt.- Bhojpur ----------- 3. 26.08.2011 Heard learned counsel for the petitioner and the State. The petitioner was an applicant for the post of Secretary, Gram Kutchery and is aggrieved by the selection of respondent no. 6 in preference to her. The respondent no. 4 has filed a counter affidavit. It states that respondent no. 6 held the qualification of ‘matriculation’ and the petitioner ‘Madhyama’. The selection process was initiated on 24.8.2007. The eligibility statutorily fixed under Rule 5 of the Bihar Gram Kutchery (Appointment, Service Conditions and Duties) Rules, 2007 was matriculation only. Therefore a person holding Madhyama qualification was not eligible to apply. That this Court may have held that Madhyama was 2 equivalent to matriculate relying upon a circular of 1999 cannot tantamount to a direction by the Court to act contrary to the statutory provisions. No Court of law can issue a mandamus contrary to the statute. Rule 5 then came to be amended on 31.1.2008 with prospective effect by which Madhyama was added as an eligible qualification for the post. Therefore a person holding Madhyama qualification could apply to be considered only after 31.1.2008 and not before that. The Court therefore finds no error calling for interference. The application is dismissed. P. Kumar ( Navin Sinha, J.)