IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18036 of 2009 1. RAJ KISHOR PANDIT S/O LATE DHURPHENI PANDIT R/O VILL.- DHANAUTI, P.O. + P.S.- MASAURHI, DISTT.- PATNA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF PANCHAYATI RAJ, GOVERNMENT OF BIHAR, PATNA 2. THE DIRECTOR, DEPARTMENT OF PANCHAYATI RAJ GOVERNMENT OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE PATNA 4. THE DISTRICT PANCHAYAT RAJ OFFICER PATNA 5. THE BLOCK DEVELOPMENT OFFICER MASAURHI, PATNA 6. THE SARPANCH OF GRAM KUTCHAHRY TINERI, MASAURHI, PATNA 7. JAINENDRA KUMAR S/O KISHORI MOHAN VILL.- TINERI, P.O.- NADAUL, P.S.- MASAURHI, DISTT.- PATNA ----------- 2. 12.3.2010 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the orders dated 1.10.2009 and 25.11.2009 issued by the Block Development Officer purporting to remove him from the post of Secretary, Gram Kutchahary, in preference to Respondent no. 7. The State Government framed Rules for appointment under which ‘matriculate’ only were eligible to apply. Challenge was laid out by those possessing Madhyama qualification claiming equivalence. This Court held the two qualifications to be equivalent based on certain government circulars. The respondents then amended the Rules regulating appointment on 5.1.2009 with retrospective effect from 31.1.2008. Learned counsel for the petitioner submits that he 2 was appointed as a Secretary, Gram Kachahary on 6.1.2008. The retrospective amendment to the legislative framed Rule has been made with effect from 31.1.2008. It clearly therefore does not apply to his appointment. No executive order can be passed to give retrospective effect to legislative Rules. He relies upon similar order of this Court in C.W.J.C. No. 6762 of 2009 and analogous cases disposed off on 27.10.2009 remanding the matter to the Principal Secretary, Department of Panchayati Raj. The application is disposed off in similar terms with directions to the aforesaid respondents to pass a reasoned and speaking order within a maximum period of six weeks from the date of receipt/production of a copy of this order, after hearing all concerned including respondent no. 7. It is expected that the Principal Secretary shall take expeditious appropriate steps for service of notice under respondent no. 7 who is stated to be now working considering that he is under the administrative control of the respondents. The application stands disposed. P. Kumar (Navin Sinha, J.)