IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3390 of 2009 DWARIKA KUNWAR . Versus THE STATE OF BIHAR & ORS. . ----------- 3/ 12/01/2011 Heard learned counsel for the petitioner and for the opposite parties. The petitioner makes a grievance of non- consideration for appointment as Secretary, Gram Kutchery only for the reason that he possessed the qualification of Madhyama, not Matriculation when this Court had held that the two were equivalent. Learned counsel fairly acknowledges that the advertisement in question was of the year-2007. Under Rule-5 of the Rules regulating the appointment of Secretary, the only permissible qualification was Matriculation. In pursuance of certain orders of this Court the opposite parties issued an appropriate notification in January, 2009 making amendments in the Statutory Rules incorporating Madhyama as a qualification equivalent to Matriculate only with effect from 31.1.2008. This Court has therefore held in C.W.J.C. No.4494/10 that a Madhyama qualification holder was not even eligible to apply prior to the amendment with effect from 31.1.2008 and any consideration of an applicant not eligible under the Rules was itself erroneous. The application is dismissed. KC ( Navin Sinha, J.)