NILAM KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner, the State and the Respondent No. 9.

(2.) The petitioner is aggrieved by the order dated 31.10.2009 by which she has been removed from the post of Secretary, Gram Kutchery, whereafter the private respondent came to be appointed.

(3.) Learned Counsel for the petitioner submits that under Rule 5 of the Bihar Gram Kutchery (Appointment, Service Conditions and Duties) Rules, 2005 only a 'matriculate' was eligible to apply. The private respondent was a 'madhyama'. Therefore her application could not have been entertained much less could she have been given any appointment in pursuance of such a wrongly entertained application. The petitioner was the only eligible candidate based on her possessing qualification of matriculate and therefore her appointment on 21.11.2007 was in consonance with law. The statutory rules have been amended with effect from 31.1.2008 prospectively. A person holding qualification of 'Madhyama' became eligible to apply after that date and not before.