Order Heard learned counsel for the petitioner and learned counsel appearing on behalf of the Respondents. 2. The dispute in the present case does not need any further adjudication as the issue involved has already been decided by this Court vide order dated 26.09.2008 passed in C.W.J.C. No. 1375 of 2006. There was an advertisement issued by Munger Kshetriya Gramin Bank (now Bihar Kshetriya Gramin Bank) inviting applications for promotion to officers J.M.G. Scale-I from Clerical cadre. The modalities for selection as disclosed in the advertisement specifically mentioned that there would be no minimum qualifying marks for the interview. The advertisement was issued on 14.08.2004. However, by Memo dated 17.05.2005, the Bank sought to amend the promotion modalities for selection for such promotion, fixing minimum qualifying marks for interview. The petitioner has been refused promotion on the ground that he could not secure minimum marks prescribed for interview in view of the amendment in promotion modalities issued vide Memo dated 17.05.2005. 3. Learned counsel for the petitioner has submitted that the promotions to the post of J.M.G. Scale-I are governed by Regional Rural Bank Appointment and Promotion of (Officers & other Employees) Rules, 1998 framed under Regional Rural Bank Act. Learned counsel for the petitioner submits that statutory provisions could not be amended by an executive decision. The Subsequent Memo dated 17.05.2005 being in breach of the statutory provisions, could not have been given effect to. 4. As has been noted above, this Court vide order dated 26.09.2008 in similar circumstance has held as follows:- “All that is required to be pronounced by this Court now is to affirm the letter of the NABARD for strict compliance of 1998 Rules. Unless and until the Rules 1998 are not amended or varied in accordance with the procedure for amendment of statutory rules no executive instruction can be pressed in to service to do what the statutory rules do not permit or introduce variance in the same. It is only in the event of a gap in the statutory rules that the executive instruction may supplant it but that too shall have to be restricted to prior to the commencement of the selection process and not thereafter. In the result these writ applications are allowed. It is only in the event of a gap in the statutory rules that the executive instruction may supplant it but that too shall have to be restricted to prior to the commencement of the selection process and not thereafter. In the result these writ applications are allowed. The respondents are directed to consider the cases for promotion from clerical grade to the officer scale-I strictly in accordance with 1998 Rules and not the executive instructions dated 3.6.2004, 19.10.2004 and 10.1.2005, more particularly when issued after the process of selection commenced to control this process of selection on seniority cum merit. Let such considerations for promotion from clerical grade to officer scale-I grade of the petitioners be done strictly in accordance with 1998 Rules and they be granted promotion and seniority from the date that their juniors may have been granted such promotion, to which learned Counsel for the petitioners have no objection. The writ applications stand disposed.” 5. This application is also, accordingly, disposed of in terms of the said order dated 26.09.2008.