KANTI KUMARI @ KANTI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant Kanti Kumari has preferred this intra court appeal seeking to set aside the order dated 26.02.2018 passed by a learned single Judge in C.W.J.C. No. 8953 of 2011, whereby and whereunder the challenge placed before the writ petitioner to the termination of her appointment on the post of Secretary, Gram Kutchery, was cancelled vide letter dated 20.03.2011.

(2.) The brief facts which led to the filing of this case is that:-

(3.) It is important to indicate here that in another writ application bearing C.W.J.C. No. 6762 of 2009, this Court had declared the law in this regard with reference to the decision in C.W.J.C. No. 13905 of 2007. The said C.W.J.C. No. 13905 of 2007 was preferred by one Santosh Kumar Pandey, similarly aggrieved by denial of appointment for the reason of his Madhyama qualification. This Court on 31.01.2008, relying upon a Government Policy Decision dated 11.01.1999, held that Madhyama was equivalent to matriculation and directed consideration of his case accordingly. Pursuant to the aforementioned pronouncement, the State Legislature made a legislative amendment to Rule 5 of the aforementioned Rules inserting the word "or equivalent" after Matriculation. The amendment was notified on 05.01.2009 with retrospective effect from 31.01.2008. It is important to indicate here that Rule 1(3) of the Amendment Act contained a saving clause preserving appointments made prior to 31.01.2008.