Chandramauli Kr.Prasad and Ravi Ranjan JJ.

1. Both the writ petitions involve common questions of law and facts and hence; they were heard together and are being disposed of by this common judgment.

2. Petitioners have either obtained Maulvi or Up-Shashtri qualification from the recognized institutions and intend to offer their candidature for appointment as Panchayat Teacher (General) and on account of exclusion of this qualification by Rule 4 of the Bihar Panchayat Prathmik Shikshak (Appointment and Service Condition) (Amendment) Rules, 2008, they have preferred these writ applications challenging its constitutional validity.

3. Facts lie in a narrow compass.

4. Petitioners have obtained either the qualification of Maulvi or Up-Shashtri degree from recognized institutions which are equivalent to Intermediate examination. The State Government framed Bihar Panchayat Prathmik Shikshak (Appointment and Service Condition) Rules, 2006 for appointment, inter alia, of Panchayat Teachers. Rule 8 of the aforesaid Rules provides for qualification for appointment to the post of Teachers, including Panchayat Teachers, same reads as follows:

"8. For employment(A) Eligibility: For Bloc