IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1351 of 2010 1. MADAN MURARI PATHAK S/O JAISIYA RAM PATHAK R/O VILL PANDEYDIH UNDER P.S. &BLOCK-CHARPOKHARI,P.O.KUMHAILA , DISTT-BHOJPUR(ARRAH) 2. UMA KUMARI W/O ARVIND KUMAR VERMA R/O VILL SEMRAON,P.O.SEMRAON,P.S.&BLOCK-CHARPOKHARI, DISTT-BHOJPUR(ARRAH) Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY , PANCHAYATI RAJ DEPT. GOVT. OF BIHAR,PATNA 3. THE DIRECTOR , PANCHAYATI RAJ DEPARTMENT GOVT. OF BIHAR,PATNA 4. THE DISTRICT MAGISTRATE BHOJPUR(ARRAH) 5. THE ADDITIONAL COLLECTOR -CUM-DISTRICT PANCHAYATI RAJ OFFICER BHOJPUR , ARRAH 6. THE BLOCK DEVELOPMENT OFFICER CHARPOKHARI,DISTT-BHOJPUR, ARRAH 7. THE SARPANCH, SEMRAON GRAM KUTCHERY UNDER CHARPOKHARI , BLOCK, DISTT-BHOJPUR(ARRAH) 8. THE SARPANCH,MAJHIAON GRAM KUTCHERY UNDER CHARPOKHARI BLOCK, DISTT-BHOJPUR(ARRAH) 9. RINA KUMARI W/O NARENDRA SINGH R/O VILL SEMRAON, P.S.CHARPOKHARI, DISTT-BHOJPUR 10. LAV KUSH SAH S/O RAMJEE SAH R/O VILL BELADI, P.S. CHARPOKHARI,DISTT-BHOJPUR ----------- 2. 16.03.2010 No one appears on behalf of the petitioners even though the matter has been listed out of turn at the request of Counsel for the petitioners. Counsel for the State has therefore assisted the Court. The petitioners claim to have been appointed on the post of Secretary, Gram Kutchery on 24.1.2008 and 12.11.2007 respectively. Consequent to certain orders of this Court holding Madhyama qualification to be equivalent to Matriculation when the latter only was specified as the eligibility for appointment, the State Government by notification dated 5.1.2009 made legislative amendment to the rules regulating appointment with retrospective effect from 31.1.2008 incorporating Madhyama as qualification of eligibility also. The only issue relevant for consideration is if the legislative amendment is from 31.1.2008, can the respondents by executive instructions give effect to a legislative amendment retrospectively from a date prior to that of legislative amendment. Status quo is directed to be maintained with regard to the orders dated 8.10.2009 and 9.10.2009. The matter is remanded to respondent no. 2 to consider the issues in the light of aforesaid discussions and then pass a reasoned and speaking order within a maximum period of four weeks from the date of receipt and/or production of a copy of this order. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)