JUDGMENT: Aftab Alam, J. The fifty four petitioners in C. W. J. C. No. 8810/1989 were earlier appointed as village Level Workers. Their appointments however, were undone (by orders contained in Annexures 7 and 5 which come under challenge in these writ petitions) On the basis of an ad-interim order passed by the Supreme court in a Special Leave petition whereby the Supreme Court stayed the operation of an order of the High Court. During the pendency of this application before this court, the Special Leave petition was finally dismissed by the Supreme Court by order dated 29.4.1991. The petitioners claim that this should logically lead to the quashing of the order of cancellation of their appointments as the interim order of the Supreme Court, on which alone the impugned order was founded, was no longer in existence, the special leave petition itself having been dismissed. This, in short, is the sum and sub stance of this case. 2. In order, however, to put it in a factual context the following material facts may be taken note of; 3. The petitioners were earlier employed by the State Government for the census operations and their services were retrenched after the conclusion of the census operations in 1981. The petitioners belong to Gaya district. There were many similarly retrenched census employees in other districts of the State as well. As their Dumber was considerably large and their retrenchment had led to obvious hardships, the State Government seems to have conceived certain plans for their absorptions in the State Government. It appears from certain allied matters that earlier came to this court, that the State Government had contemplated absorption of all the retrenched census staff on a priority basis in the vacancies that might be available in future, It appears that on the level of implementation this policy decision of the State Government had no uniforms application and in different districts the retrenched census employees got different treatments by the respective District Magistrates who happen to be the appointing authority in respect of Class III and Class IV employees. Consequently retrenched census employees from different districts (not the present petitioners) earlier came to this court making a grievance that the District Magistrates of their respective districts were not implementing the Government policy regarding giving priority to the retrenched census staff and this led to an adverse discrimination against them. Consequently retrenched census employees from different districts (not the present petitioners) earlier came to this court making a grievance that the District Magistrates of their respective districts were not implementing the Government policy regarding giving priority to the retrenched census staff and this led to an adverse discrimination against them. Orders passed by this court in two such cases have been enclosed with this writ petition marked as Annexure 9 and 10. A photo state copy of the certified copy of an order passed by a Bench of this court in another similar writ petition has also been produced before me. Thus, altogether there are three such cases of which I propose to take a brief note. (i) C. W. J. C. No. 1010/1988 was at the instance of retrenched census staff of Patna district. They came to this court making a grievance that the State Government had taken a decision that the retrenched staff of census department shal1 be absorbed in suitable posts and that so long these retrenched staff were not absorbed, no person shall be appointed from the open market. It was the grievance of the petitioners in that case that while this policy decision was being implemented in some other districts of the State it was not being done so in the district of Patna. After hearing the parties, that application was disposed of at the stage of admission itself by order dated 1.4.1988. In this court, this court directed as follows :- "We accordingly direct him (the District Magistrate, Patna) to absorb the petitioners and other similarly situated persons retrenched census staff to suitable posts and until they are absorbed, not to appoint anyone from open market." (ii) C. W. J. C. No. 2004/1988 was filed on behalf of the retrenched Class III staff of the census department of Saran district. That application was disposed of by a Bench of this court vide order dated 5.5.88. In its order, the court took note that the State Government from time to time bad been issuing directions and circulars asking the District Magistrates and heads of departments etc. to absorb the retrenched census staff in the vacancies that might occur in future provided they falfil the requisite qualifications. In its order, the court took note that the State Government from time to time bad been issuing directions and circulars asking the District Magistrates and heads of departments etc. to absorb the retrenched census staff in the vacancies that might occur in future provided they falfil the requisite qualifications. In that application the petitioners (of that case) challenged an advertisement issued by the Districts Magistrate of Saran inviting applications for appointment to some Class III jobs in disregard of the Government policy to appoint the retrenched census employees on those posts on a priority basis provided they satisfied the required qualifications. By its order a Bench of this court once again issued directions in the same terms as in the earlier case being C. W. J. C. No 1010/1988 and gave the same directions the District Magistrate, Saran (iii) C. W. J. C. No. 4577/1988 was at the instance of retrenched census staff of Samastipur district and this also was disposed of with similar directions by order dated 1.9.1988. The operative portion of the order was in the following terms; "In the circumstances, therefore, we direct the District Magistrate, Samastipur, respondent no. 2 not to appoint any one from the open market so long as the retrenched staff of the census department including the petitioners are not absorbed. He is further directed to absorb the petitioners and other similarly situated persons (retrenched staff) to suitable posts if not otherwise found fit and until and unless they are absorbed, the respondent no. 2 is restrained from appointing anyone from open market." It then appears that under a project sponsored by the world Bank a number of posts of village Level workers (for short V. L. W.) were created in the different districts of the State. A question then arose as to whether the retrenched census staff could be absorbed against the posts of V. L. W. 4. At this state. It is to be noted that certain rules were Framed under Article 309 of the Constitution which have been called as Village Level Worker and Village Extension worker (Employment and service Conditions) Rules 1987. A copy of the gazette notification publishing these rules has been enclosed and marked as Annexure 12 to the writ petition. At this state. It is to be noted that certain rules were Framed under Article 309 of the Constitution which have been called as Village Level Worker and Village Extension worker (Employment and service Conditions) Rules 1987. A copy of the gazette notification publishing these rules has been enclosed and marked as Annexure 12 to the writ petition. The rules lay down a detailed procedure for the training, appointment and service conditions of V. L. Ws, Basically these rules envisages that candidates are to be selected first for under going a training course of V. L. Ws minimum required qualification is matriculate. The rules, however provide different periods of training for candidates possessing different qualifications. The period of training for a general candidate taking up any training course instituted upto 31.3.1990 was one year. Thereafter a general candidate is required to undergo a training course of two years. In case of agricultural graduate or candidates having higher degrees the training course is only for a period of three months. The scheme stipulates that after the training course the candidates will be required to pass a test and those who have passed the test shall be put on a State level panel, The District Magistrates of the different districts shall fill up the vacant posts of V. L. Ws. from this panel 5. In view of these statutory rules there appears to have arisen a controversy that though the retrenched census staff possessed the minimum qualification of being matric pass they had not under gone any training and were, therefore not qualified in terms of these statutory rules to be directly appointed as V. L. Ws. It also appears certain circular letters were issued by the State Government seeking to clarify the position regarding the extent 0f preference a retrenched census staff was to be given while considering him for appointment to the posts of V. L.Ws. 6. Things, however, came to head when the petitioners of C. W. J. C. No. 2004/1988 came once again to this court in a contempt petition being MJC No 487/1988 praying for the initiation of contempt proceeding against the respondent authorities for disobedience of the Court's directions in CWJC No. 20041 1988. A copy of the order sheet of MJC No. 487/1988 has been enclosed as Annexure 8 to this writ petition. A copy of the order sheet of MJC No. 487/1988 has been enclosed as Annexure 8 to this writ petition. From the order sheet it appears that the respondents action in not appointing the petitioners (of C. W. J. C. No. 2004/1988) to the post of V. L. Ws was viewed as disobedience of the Courts directions given in CWJC No. 2004/1988. This MJC application proceeded from date to date and was finally disposed of by order dated 12.4.89. In this order a division Bench of this court. having heard the counsels for the parties and having considered the statutory rules relating to V. L. Ws, came to the conclusion that the retrenched census staff should be directly appointed as V. L. Ws and should be sent for training after their appointment to the post. The court accordingly gave the following directions of the MJC application; "In that view of the matter, the only proper course appears to be to appoint the petitioners on the post of village Extension Workers without any delay and they will be sent for training as and when the facilities are available for them. The application is disposed of accordingly. We expect that this order will be complied within one month from today." So far as the question of appointment of retrenched census staff to the available posts of V. L. Ws was concerned, this order left no room for any controversy. 7. After this order was passed by this court the District Magistrate. Gaya issued office order no. 75/89-90 appointing fifty five persons including the present petitioners as V. L. Ws A copy of this order has been enclosed as Annexure 1 to the writ petition the appointment was made subject to the condition that the appointees shall complete their training as contemplated under the 1987 Rules. Some of the petitioners joined their respective posts pursuant to the order. 8. It is necessary to c1early state at this stage that the petitioners or anyone from Gaya had never moved this court earlier and this court on the earlier occasion never considered the case of the present petitioners specifically. Some of the petitioners joined their respective posts pursuant to the order. 8. It is necessary to c1early state at this stage that the petitioners or anyone from Gaya had never moved this court earlier and this court on the earlier occasion never considered the case of the present petitioners specifically. It is also to be noted that the appointment order contained in Annexure 1 does not refer to any of the directions issued by this court in the different writ petitions and the contempt petition but refers to certain fetters issued by the Chief Secretary according priority to the retrenched census staff for appointment to the posts of V. L. Ws. From the counter affidavit filed in this case on behalf of the State, however, it is clear that the appointments of the petitioners at Gaya was also following the order of this court dated 12. 5. 89 passed in MJC No. 487 of 1988 as the said order was a general order relating to all retrenched census staff. 9. In the mean while the State preferred a Special Leave Petition before the Supreme Court against the order dated 12.4.1989 passed by this court disposing of MJC No. 487/1988. This S. L P. came up for admission on 16. 5. 89 when the following order was passed by the Supreme Court; "Issue notice. Pending notice, there shall be stay of the impugned orders of the High Court." Following this, a letter dated 16.9.89 was issued by the special Secretary in the Government to the District Magistrate, Gaya. In this letter the interim order passed by the Supreme court Was interpreted to mean that the Supreme Court had restrained any appointment of a retrenched census staff on the post of village Extension Workers and accordingly the District Magistrate, Gaya was directed to cancel his office order no. 75/89- 90 Pursuant to this letter, the District Magistrate, Gaya, by his order no 101/89-90 cancelled his earlier order appointing fifty five persons, including the petitioners on the posts of V. L Ws. The copies of the aforesaid letter and the order of the District Magistrate have been enclosed as Annexures 7 and 5 respectively and come under challenge in this writ petition. No notice of any kind was issued to the petitioners individually or collectively before passing the order as contained in Annexure 5. 10. The copies of the aforesaid letter and the order of the District Magistrate have been enclosed as Annexures 7 and 5 respectively and come under challenge in this writ petition. No notice of any kind was issued to the petitioners individually or collectively before passing the order as contained in Annexure 5. 10. At the time of the hearing of this application, learned counsel appearing on behalf of the petitioners has filed two supplementary affidavits. One of them encloses as Annexure 16, the final order passed by the Supreme Court on 29. 4. 1991 rejecting the S. L. P. No. 7195-96/89 arising out of the orders of this court passed in MJC No 4871 1988. From the order which is as follows it appears that the S. L. P. was dismissed in limine; "The Special leave petition is rejected." 11. This apparently takes away the very foundation on which the two impugned orders were based. 12. The second supplementary affidavit encloses as Annexure 17, order no 441/91 of the Saran Collectorate (District Establishment Committee Chapra). This shows that following the final dismissal of the S. L. P. by the Supreme Court. 41 retrenched census staff the petitioners in C. W. J. C. No. 2004/1988 Were finally appointed as V. L. Ws. at Saran. 13. As pointed out above, the whole dispute before this court arose on petitions field by the Census staff of Saran district. It was they who were the petitioners in C. W. J. C. No. 2004/1988 and in M. J. C. No. 487/1988 and the stay order granted by the Supreme Court affected them directly as did the final order of dismissal of S. L. P. by the Supreme Court. When they have been finally appointed as V. L. Ws pursuant to the entire controversy having been settled with the final dismissal of the S. L. P. by the Supreme Court, I do not see any reason why the order of cancellation of appointments passed against the petitioners belonging to belonging should be allowed to stand. 14. In the counter affidavit filed on behalf of the State, reliance has been placed entirely on the interim order passed by the Supreme court in the Special Leave Petition. 14. In the counter affidavit filed on behalf of the State, reliance has been placed entirely on the interim order passed by the Supreme court in the Special Leave Petition. However, the final order passed by the Supreme Court dismissing the special leave petition has completely changed the situation with the dismissal of the special leave petition the High Court's order is not only revived but is in a way affirmed by the Supreme court The State's action, therefore, cannot be sustained from any point of view and must be struck down. I, therefore, have no hesitation in quashing the letter and the order as contained in Annexures 7 and 5 to C. W. J. C. No. 8810/1989. 15. C. W. J. C. No. 7493/1989; As against the Slate, the petitioners in CWJC No. 8810/1989 have had an easy way. But a challenge to their appointment as V. L. Ws comes another quarter in CWJC No. 7493/1989. This application (CWJC. No. 7493/1989) has been filed on behalf of twenty four persons who are agriculture graduates and seeks to challenge the appointments of fifty five persons, including the Petitioners in C. W. J. C. No. 8810/1989 who have been impleaded in CWJC No. 7493/1989 as respondents.4 to 55 vide order no. 75/89-90 issued by the District Magistrate, Gaya. A copy of this order has been enclosed with this writ petition and marked as Annexure 5 (this was Annexure 1 to CWJC No. 8810/1989). 16. It appears that while the matter was still at tile stage of a controversy as to whether or not to appoint the retrenched census staff as V. L. Ws. an advertisement dated 22.2.1989 was issued inviting applications from agriculture graduates alone for appointment to the posts of V. L. Ws. The petitioners (in CWJC No 7493/1989) applied pursuant to this advertisement and they were called for interview before a selection committee. They appeared for interview before the selection committee. It, however, appears that before the selection process and appointments pursuant to the advertisement could be completed, this Court passed order dated 12. 4. 1989 in MJC No. 487/1988 which completely altered the whole situation and in view of that order appointments were made from amongst the retrenched census staff in disregard of this advertisement and the applications received m response to the advertisement. 17. 4. 1989 in MJC No. 487/1988 which completely altered the whole situation and in view of that order appointments were made from amongst the retrenched census staff in disregard of this advertisement and the applications received m response to the advertisement. 17. The petitioners in CWJC No. 7493/1989 squarely rest their claim on the basis of this advertisement. It is further stated that this advertisement was issued III terms of a letter from the Secretary to the Government in the Department of Agriculture, dated 6. 8. 88 addressed to all the District Magistrates and the Dy Commissioners. This letter stated that an unemployed agriculture graduate, if he so wished, could be appointed on the post of V. L. W in the pay scale of Rs. 580- 860/- It was further stated that for appointment as V. L. W. an agriculture graduate was not required to undergo any examination and he could be directly appointed to the post after a verification of his certificates. It further said that there was no requirement to subject him to any training and he could be directly appointed to the post of V. L. W. It is apparent that this letter addressed by way of an executive instruct ion seeks to modify/supersede the terms and conditions provided in the rules which have been framed under Article 309 of the Constitution Rules 7 (2) prescribes the minimum qualification for the applicants. Rule 9 thereof prescribes how the merit list of the applicants as to be prepared. It is well known that any statutory rule cannot be amended by any administrative instruction like the one contained in Annexure 1 of this application. It is, thus, quite clear that the whole procedure was wholly misconceived and untenable in the eye of law. As long as the Rules stand in their present form all that an agriculture graduate is entitled to is a lesser period of training i. e. three months instead of 1-2 years. 18. The petitioners in CWJC No. 7493/1989, accordingly, cannot claim any right on the basis of Annexure 1, the letter of the Secretary, Agricultural Department or Annexure 2, the advertisement or on the basis of the fact that they had appeared for an interview pursuant to their applications. 19. It makes one sad to see the degree of unemployment ill this State and the bitter conflicts to which it leads. 19. It makes one sad to see the degree of unemployment ill this State and the bitter conflicts to which it leads. The agriculture graduates who possess a technical degree and are still unemployed are apparently eager and anxious to get this job which is apparently inferior to their qualifications but as long as the Rules stand in their present form, they, cannot be given an absolute preferential right over others for these jobs. 20. The State in its counter affidavit bas explained how after the issuance of the advertisement, the order of this court came and being obliged to follow the same the District Magistrate made the appointments of the retrenched census Staff in disregard of the advertisement and the applications received in pursuant thereof. I accordingly find that the petitioners in CWJC No. 7493/1989 cannot be granted any relief in this application. 21. C. W. J. C. No. 8571 of 1989 has be, n preferred by some agriculture graduates belonging to Muzaffarpur who have come to this court making a grievance that the District Magistrate. Muzaffarpur is not according them any preference in appointment to the posts of V. L. Ws. In this petition also reliance was placed on letter dated 6. 8. 88 issued by the Secretary of the Agriculture Department, Government of Bihar addressed to all the District Magistrates and the Deputy Commissioners. A copy of this letter is Annexure 1 to the writ petition. Following this letter an advertisement was issued a Copy whereof is enclosed as Annexure 3 to the writ petition. While dealing with the educational qualification this advertisement states that preferences would be given to agricultural graduates. The petitioners' grievance is that no such preference was being accorded to them. A counter affidavit has been filed on behalf of the State in which their stand is that all selections for training and appointments to the posts of V. L. Ws was to be made in terms of the statutory rules called the village Level Workers and Village Extension Workers Rules, 1987. The directions given in the letter of the Secretary of the Agriculture Department as also the preferential clause in the advertisement being in teeth of the statutory provisions cannot be given effect to in the eye of law. I find that the stand of the State Government is quite valid and does not require any interference by this Court. 22. The directions given in the letter of the Secretary of the Agriculture Department as also the preferential clause in the advertisement being in teeth of the statutory provisions cannot be given effect to in the eye of law. I find that the stand of the State Government is quite valid and does not require any interference by this Court. 22. In the supplementary affidavit filed on behalf of the petitioners, however, a letter dated 7.8.89 from the Director. Agriculture to the District Magistrate, Nawadah has been enclosed as Annexure 4 On the basis of this letter, learned counsel appearing on behalf of the petitioners submitted that in the district of Nawadah the agriculture graduates were given preference in appointment to the post of V. L. Ws and they were sent for training only after their appointments to the post. It is not known under what circumstances and on what basis those appointments were made. It is, however, expected that the State Government would evolve a consistent policy in this regard which would be followed uniformaly in all the districts of the Scale. In case it is decided to accord preference to agriculture graduates for appointment to the post of V. L. Ws. then it must be done in a suitable manner and in accordance with law and the policy should also be made uniformaly applicable in all the districts of the State. This observation is also applicable to CWJC No. 7493/1969. 23. In the result C. W. J. C. No. 8810/1989 is allowed. C. W. J. C. Nos. 7493/1989 and 8571/1989 are disposed of with observations. No order as to costs in any application. CWJC 8110/89 allowed and CWJC 7493/89 & 8571/89 disposed with observations.