IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6151 of 2009 GUDIYA KUMARI Versus THE STATE OF BIHAR & ORS ----------- 2/ 15/05/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner acquired the certificate of Bachelor in Physical Education from Bharatiya Shiksha Parishad, Uttar Pradesh at Lucknow during the session-2005-06. He then came to be appointed as a Prakhand Shikshak and posted at the upgraded Middle School Kaparpura on 22.1.2007. The petitioner is now aggrieved by a show cause notice issued to him on 22.4.2009 that a policy decision had been taken on 22.11.2007 that the qualification from the Bharatiya Shiksha Parishad, Uttar Pradesh at Lucknow of B.P.E.D. (Bachelor in Physical Education) degree was not acceptable to the State Government. Learned counsel for the petitioner submits that an administrative decision dated 22.11.2007 can only have prospective effect and cannot affect appointment of the petitioner made on 22.1.2007 at a time when no such decision had been taken by the State Government. He additionally submits that in 2 C.W.J.C. No.3562/08 this Court has held has follows:- “On a bare perusal of the impugned order dated 22.11.2007 at annexure-19, it is apparent that it has been passed by respondent No.3 and not by the State Government. On this ground, the order stands vitiated per se. The show cause notice being on a non est ground and the ground mentioned being clearly not sustainable in light of the observations of this Court in C.W.J.C. No.3562/08, the show cause notice dated 22.4.2009 is quashed. The writ application stands allowed. KC ( Navin Sinha, J.)