IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.565 of 2010 1. VINAY KUMAR TIWARY S/O SRI RAJ NARAYAN TIWARY R/O VILL.- LALAPUR, P.O. BAKSANDA, VIA PARSA, P.S. PARSA, DISTT.- SARAN Versus 1. THE STATE OF BIHAR, THROUGH ITS SECRETARY, THE RURAL DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 2. THE DIRECTOR, RURAL DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, SARAN 4. THE DEPUTY DEVELOPMENT COMMISSIONER, SARAN 5. THE PANCHAYATI RAJ OFFICER, SARAN 6. THE BLOCK PANCHAYATI RAJ OFFICER, PARSA BLOCK, DISTT.- SARAN 7. THE BLOCK DEVELOPMENT OFFICER, PARSA BLOCK, DISTT.- SARAN 8. THE SARPANCH, GRAM KACHAHARI SAGUNI UNDER PARSA BLOCK, DISTT.- SARAN 9. THE UP-SARPANCH, GRAM KACHAHARI SAGUNI UNDER PARSA BLOCK, DISTT.- SARAN ----------- 3. 17.9.2010 Heard learned counsel for the petitioner and the State. The petitioner is stated to have been appointed as Secretary, Gram Kachahari on 16.10.2007 based on his qualification of matriculation as per the then existing rules regulating appointment and the consequent advertisement. Subsequently on 05.01.2009, the State Government has published a notification of the legislative amendment made to the rules regulating appointment incorporating Madhyama as a qualification equivalent to Matriculation for appointment. This legislative amendment is retrospective in nature with effect from 31.01.2008. The amendment saves appointments made prior to 31.01.2008. The impugned order at Annexure-8 seeks to give further retrospective effect to the legislative amendment by an executive order from prior to 31.01.2008 to hold that the appointment of the petitioner on 16.10.2007 by ignoring a person higher in the list but possessed of Madhyama qualification was contrary to the law. This Court in more than one order has already discussed this issue. Reference may be made to two such orders in C.W.J.C. Nos. 1316 and 1791 both of 2010. No one appears for the selected candidate Respondent no. 10 despite valid service of notice and neither has he chosen to enter appearance. For like reasons of the discussion contained therein, the order dated 26.03.2010 is set aside. The application stands allowed. P. Kumar ( Navin Sinha, J.)