IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4924 of 2010 1. HARE RAM DAS S/O LATE MUNILAL DAS R/O VILL.- SHASAN, P.S.- HASANPUR, DISTT.- SAMASTIPUR Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, PANCHAYATI RAJ DEPTT., GOVT. OF BIHAR, PATNA 3. THE DIVISIONAL COMMISSIONER, DARBHANGA 4. THE DISTRICT MAGISTRATE, SAMASTIPUR 5. THE S.D.O., ROSERA, DISTT.- SAMASTIPUR 6. THE BLOCK DEVELOPMENT OFFICER, HASANPUR, DISTT.- SAMASTIPUR 7. RANI DEVI W/O MOHAN PRASAD SHARMA R/O VILL.- SHASAN, P.S.- HASANPUR, DISTT.- SAMASTIPUR 8. THE SARPANCH, GRAM KACHAHARI SHASAN, BLOCK- HASANPUR, DISTT.- SAMASTIPUR 9. PINKI RANI THAKUR W/O SITA RAM THAKUR R/O VILL.- SHASAN, P.S.- HASANPUR, DISTT.- SAMASTIPUR ----------- 2/ 09/11/2010 Heard learned counsel for the petitioner and learned counsel for the State. The matter relates to selection on the post of Secretary, Gram Kutchery regulated by statutory rules prescribing Matriculation as the eligible qualification. Respondent No.9 held the qualification of Madhyama, not eligible under the Rules. The Rules have been amended from 31.1.2008 prospectively. The petitioner who was a matriculate at serial No.2 of the panel was therefore appointed and he joined when he has been terminated on 21.7.2009 in preference to respondent No.9, upheld in appeal by the District Magistrate on 12.1.2010 with reference to a government instruction dated 2.3.2009 giving further retrospective effect to the legislative amendment from even prior to 31.1.2008. - 2 - These are all issues which have been discussed in detail by this Court in C.W.J.C. No. 4494 of 2010, disposed on 4.11.2010 noticing that the Government itself has subsequently cancelled the instruction dated 2.3.2009 on which the order of the District Magistrate is based. However, since it would not be proper to interfere in the matter without notice to respondent No.9, the Court considers it proper to dispose off this application with direction to the petitioner to appear before the District Magistrate along with a copy of the order in C.W.J.C. No.4494 of 2010. The District Magistrate shall be obliged to issue notice to respondent No.9 to be served upon her at her present place of posting where she is working, if she has joined, and then decide the matter afresh by a fresh reasoned and speaking order after due opportunity to both sides within a maximum period of two months from the date of receipt/presentation of a copy of this order. The writ application stands disposed in the aforesaid terms. KC ( Navin Sinha, J.)