IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3926 of 2010 1. CHANCHLA KUMARI W/O SRI LALLAN KUMAR R/O VILL.- SRIOREYA, P.S.- OBRA, DISTT.- AURANGABAD Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, PANCHAYATI RAJ DEPTT. GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, AURANGABAD 4. THE BLOCK DEVELOPMENT OFFICER, OBRA BLOCK, DISTT.- AURANGABAD 5. THE SARPANCH, GRAM KUTCHHAHRY, KUTCHHAHRY 6. DEWANTI KUMARI W/O SRI UPENDRA PASWAN, SECRETARY GRAM KUTCHHAHRY, DIHRI, OBRA BLOCK, P.S.- OBRA, DISTT.- AURANGABAD ----------- 02. 21.09.2010 Heard learned counsel for the petitioner and learned counsel for the State. In view of the statements made in the counter affidavit filed by the Block Development Officer, Obera Block, it goes beyond the pale of controversy that the petitioner was appointed as Secretary, Gram Kutchery based on her Matriculate qualification on 8.3.2007 in accordance with then existing rules regulating appointment. Madhyama was acknowledged as an equivalent qualification subsequently leading to legislative amendment in the rules with retrospective effect from 31.1.2008. The notification dated 5.1.2009 making legislative amendment itself protects appointment prior to 31.1.2008. Respondent no.7 who possessed the qualification of Madhyama, was higher in the merit list is purported to be appointed by the impugned order dated 23.11.2009 giving further retrospective effect to 2 the legislative amendment in pursuance of an executive instructions. This has been the subject matter of consideration by repeated orders of this court. Reference may only be made to the orders in C.W.J.C. No. 1316 of 2010 and C.W.J.C. No. 1791 of 2010. The matter has been referred by this court in more than one writ application to the Secretary of the Department as to why such matters keep coming back to the Court. Notwithstanding all this, the present counter affidavit still asserts the legality of the termination order dated 23.11.2009. It were as if it is the solemn duty of the officials of the State to oppose every writ application, even if there is no defence, based not only on law but on pronouncements of the Court. Counter affidavits insist on questioning the orders of the Court. This matter is therefore referred to the Principal Secretary, Panchayati Raj Department, who shall proceed to decide matter in accordance with the law laid down by this Court after hearing respondent no.6. Let it should be done so within a maximum period of six weeks from the date of receipt/production of a copy of this order. This Court is again constrained to observe that the present proceedings are directed to be made a case study in framing of the State litigation policy. Let a copy of the brief along with counter affidavit be 3 forwarded by the Registry of the Court to the Chief Secretary of the State of Bihar. The writ application stands disposed. P.K. ( Navin Sinha, J.)