1. Heard learned counsel for the parties.

2. The petitioners challenge the validity of rule 4(Ka)(iii) and 4(Kha)(iii) of the Bihar Municipal Secondary & Higher Secondary Teachers (Employment & Service Conditions) Rules, 2006 as well as Rule 4(Ka)(iii) and 4(Kha)(iii) of the Bihar Zila Parishad Secondary & Higher Secondary Teachers (Employment & Service Conditions) Rules, 2006, which are para materia with each other.

3. The challenge is on the anvil that the impugned provisions suffer from vice of hostile discrimination impinging on the fundamental rights guaranteed under Article 14 of the Constitution of India.

4. The impugned rules inter alia provide that a candidate for being appointed as a teacher for Secondary or Higher Secondary courses shall hold B.Ed, degree either from any institution recognized by Government in this behalf obtained prior to commencement of the National Council for Teachers Education Act (NCTE Act) or B.Ed, degree from an institution recognized by the NCTE, after commencement of the Act.

5. The contention of the learned counsel in this regard is that prior to commencement of impugned provisions under the Bihar Nationalized Schools (Condition of Ser