IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2350 of 2010 SHASHI BHUSHAN PRASAD 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 have been selected for the post of Secretary, Gram Kutchery on the qualification of Madhyama for the Bahuarwa village panchayat. His claim is that he stands at merit position one of the panel. From 31.1.2008, by amendment of the appointment Rules, Madhyama has been made an equivalent qualification to Matriculate for such appointment. It is his further case that prior to 31.1.2008 no appointment had been made on the post against which he had applied and has been placed at serial no.1 of the merit panel. After 31.1.2008, ignoring his merit position in the panel a person lower than him in the merit panel has been appointed on basis of the qualification of Matriculation. The submission therefore is that any appointment on the post after 31.1.2008 had to be as per the merit panel and the equivalence of the qualification of Madhyama to Matriculation. The alternate submission is that even if 5.1.2009, the date of publication of the amended rules be taken into consideration, the private respondent 2 no.7 has been appointed long after 5.11.2009, on both counts appointment is not sustainable. Rather than ask the respondents to file counter affidavit and issue notice to respondent no.7, this Court grants liberty to the petitioner to file an application under Rule 12 of the Bihar Gram Kutchery Nayaya Mitra (Employment Service Conditions and Duties) Rules 2007, before the S.D.O. which is required to be decided after hearing all concerned including respondent no.7 without going into issues of limitation, within the time period fixed under the Rules to be computed from the date that the petitioner files such application. The application stands disposed with the aforesaid direction. P.K. (Navin Sinha, J.)