JUDGMENT :

RAJAN GUPTA, J.

The present appeal is directed against the order dated 03.08.2021 passed by the learned Single Judge of this Court in CWJC No. 17817 of 2015 and one another analogous case, whereby and whereunder the writ petitions have been dismissed. As far as the present appeal is concerned, challenge has been made only by the writ petitioner of the first writ petition i.e. CWJC No. 17817 of 2015 (Rashmi Singh vs. The State of Bihar & Ors.).

2. The brief facts of the case are that the appellant herein had filed a writ petition inter alia praying therein for quashing the order dated 09.01.2015 passed by the District Teachers Employment Appellate Authority, Nalanda in Appeal No. 21 of 2014, whereby and whereunder the claim of the appellant herein regarding inclusion of her name in the merit list of 2012 pertaining to appointment on the post of Secondary School Teacher under the Zila Parishad, Nalanda had been rejected. The appellant had also prayed for quashing the letter dated 18.09.2012 issued by the Director, Secondary Education, declaring the Bachelor Preparatory Programme course (hereinafter referred to as the "BPP course") invalid for the purposes of appointment on the post of Secondary School Teacher. Admittedly, the petitioner passed the matriculation exam in the year 1999, whereafter she completed the BPP course and the bachelor degree programme in the year 2003 and 2010 respectively from Indira Gandhi National Open University, whereupon she has also completed the B.Ed. course from Magadh University, however, the appellant did not pass the intermediate exam, hence, she has been non-suited by the impugned order dated 09.01.2015, passed by the District Teachers Employment Appellate Authority, Nalanda, as upheld by the learned Single Judge of this Court.

3. The learned counsel for the appellant herein has submitted that the BPP course pass certificate, granted by IGNOU, which has been established by an Act of Parliament in the year 1985, ought to have been treated valid for the purposes of appointment as a Secondary School Teacher, however, this aspect of the matter has not been considered by the learned Single Judge.

4. On the contrary, the learned counsel for the State has submitted that first of all, BPP course/programme has been declared to be not valid for the purposes of appointment as a Secondary School Teacher and secondly; as per Rule 3 to 6 of the Bihar Zila Parishad Secondary & Higher Secondary Teacher (Employment and Service Conditions), Rules, 2006, neither BPP course has been treated to be equivalent to the intermediate course nor merit point can be granted for the BPP course since the calculation of merit point of candidates are to be ascertained on the basis of marks obtained in matric, intermediate, graduation, post-graduation and B.Ed. courses thus the appellant herein could not have been given any credit for the BPP course for the purposes of determination of her merit point for appointment as a teacher in Zila Parishad.

5. We have heard the learned counsel for the parties and perused the materials on record. At this juncture, it would be apt to reproduce paragraph Nos. 4 to 8 of the impugned order dated 03.08.2021 herein below:-

“4. There is no dispute that Intermediate qualification is one of the basis for selection to the post of Secondary School Teacher in Zila Parishad. The short question these writ petitions involve is as to whether completion of BPP by the petitioners while pursuing their Graduation course in IGNOU can be treated to be 10+2 qualification or equivalent to 10+2qualification. Learned Appellate Authority, Nalanda has rejected the claim of the petitioners that their BPP qualification should be treated as 10+2 qualification.

5. Learned counsel for the petitioners has submitted that there is no valid reason for denying equivalence of BPP qualification with Intermediate or 10+2 qualification, which the petitioners completed before beginning their Graduation course in IGNOU.

6. Learned