IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10456 of 2011 Bimla Kumari WIFE OF AMRESH SHARMA, RESIDNET OF TILAKPURA, P.O. ANGARAHI, P.S. HASPURA, DISTRICT AURANGABAD. Versus 1. The State Of Bihar THROUGH THE PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. DIRECTOR, PANCHAYAT RAJ DEPARTMENT, BIHAR, PATNA. 3. DISTRICT MAGISTRATE, AURANGABAD. 4. DISTRICT PANCHAYAT RAJ OFFICER, AURANGABAD. 5. SUBDIVISIONAL OFFICER, AURANGABAD. 6. BLOCK DEVELOPMENT OFFICER, HASPURA, DISTRICT AURANGABAD. 7. SARPANCH, SONHATHU, HASPURA, DISTRICT AURANGABAD 8. THE SARPANCH, DUMARA HASPURA, AURANGABAD. 9. ASHA KUMARI WIFE OF RABINDRA PRASAD AKELA, RESIDENT OF DUMARO TOLA JAMAL BIGHA, P.S. HASPURA, AURANGABAD. ---------------------------------- 2 13/09/2011 Though annexure-4 does not indicate the entire background to the nature of the dispute but the fact stands that a detailed order on the question whether a candidate having Madhyama as a qualification was entitled to be appointed on the post of Sachiv of Gram Kutchery was decided in C.W.J.C. No. 4494 of 2010. Based on such a decision, even the State Government issued a notification giving a date from when the - 2 - equivalence to Madhyama as a matriculation will be accepted to be a valid qualification for such appointment. Obviously, the appointment of the petitioner falls foul of the notified date in terms of the declaration of law made by the High Court in C.W.J.C. No. 4494 of 2010 as well as the subsequent notification issued by the State government which has not been brought on record by the petitioner. But the Court takes a judicial notice of existence of the two and the circumstance under which annexure-5 has come to be passed. Even though annexures 4 and 5 read as a whole, does not give the background to such a dispute but then no infirmity has been committed by the respondents in issuing an order dated 5.1.2011 contained in annexure-5 as it is only enforcement of the said decision. Petitioner has no right to continue on the post in view of the above based on her qualification of Madhyama. This writ application has no merit. It is dismissed. AMIN/ (Ajay Kumar Tripathi, J.)