IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2327 of 2010 MADAN KUMAR GUPTA Versus THE STATE OF BIHAR & ORS ----------- 02 16.08.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner claims to be appointed on the post of Secretary, Gram Kutchery on a subsequent acceptance of the qualifications of Madhyama to Matriculate for appointment. The petitioner at Annexure-3, in his representation acknowledges that the person at serial no.5 of the panel has been appointed. The person appointed has not been made party respondent. The writ petition suffers from serious non-joinder of parties. There is no statement of the date on which this appointment has been made. If, it has been made prior to 31.7.2008, it can not be faulted with on the present count alone. The Legislative Amendment of the Rules is not retrospective. No executive instruction can give retrospective effect to statutory rules. If the petitioner files a representation let the same be considered expeditiously in light of the aforesaid discussion and that no order to the prejudice of any person can be passed without hearing him i.e. the other person appointed from serial 5 of the panel. The application stand disposed. P.K. (Navin Sinha, J.)