JUDGMENT :

All these writ petitions have been heard together and a composite order is being passed.

2. The petitioners in C.W.J.C. No. 1987/2020 (Preeti Priya and 120 others) had initially challenged the letter contained in memo no. 2381 dated 27.12.2019 issued under the signature of the Director, Secondary Education, Department of Education, Govt. of Bihar which inter alia directed all the then Executive Officers-cum-Deputy Development Commissioners and other authorities for not considering the persons for appointment as secondary and senior secondary school teachers who have not passed/obtained the B.Ed. Degree within five years of the publication of result of secondary/senior secondary teachers eligibility test 2011 (hereinafter referred to as ‘BSTIET’) conducted by the Bihar School Examination Board (hereinafter referred to as ‘Board’) for the reason that the guidelines of BSITET, 2011 clearly stipulated that a person would become eligible for such employment only when one year B.Ed. degree is obtained within five years of BSITET, 2011 result.

3. During the pendency of these writ applications, the grievance of some of the petitioners was redressed by way of a Govt. circular allowing such candidates to be considered who had obtained their B.Ed. degree after obtaining their admission in B.Ed. course in 2016-18 session.

4. The learned counsel for the petitioners informed this Court that the grievance of 77 petitioners of C.W.J.C. No. 1987 of 2020 having been redressed, they would not like to pursue this petition.

5. This Court vide order dated 5.10.2020 allowed one week time to the petitioners to file appropriate affidavit for withdrawal of the writ application on behalf of those whose grievance had been redressed.

6. Pursuant to the aforesaid order, an Interlocutory Application No. 5 of 2021 was filed. The aforesaid I.A. application though was not specifically allowed but it would be deemed that the application of those 77 persons has been withdrawn.

7. It would be profitable to note that later, by two other circulars/letters dated 13.01.2020 and 31.01.2020 issued under the signature of the Deputy Secretary, Education Department, Govt. of Bihar, the above noted condition of obtaining B.Ed. degree within five years of the publication of the BSITET result 2011 was further liberalized/relaxed. Some of the petitioners who did not come within the zone of consideration sought further liberalisation/clarification in those circulars/letters with necessary sequel direction to the respondents to consider their cases also for appointment on the post of secondary and senior secondary school teachers.

8. The intervenors in C.W.J.C. No. 1987 (Preeti Priya and Others); petitioners in C.W.J.C. No. 6760 of 2020 (Rakesh Kumar and 78 others) and the petitioners in C.W.J.C. No. 8108 of 2020 (Bibekanand Kumar and 3 others) have contended that a strict interpretation to the condition in BSITET guidelines of 2011 be given and only such persons be considered in the 6th phase of appointment who have passed one year B.Ed. Course within five years of the publication of the result of BSITET examination.

9. Resultantly, they have prayed for quashing of the afore-noted circulars dated 13.01.2020 and 31.01.2020.

10. Similar prayers as that in C.W.J.C. No. 1987 of 2020 (Preeti Priya and Others) have been made by the petitioners in C.W.J.C. No. 5569 of 2020 (Niranjan Kumar and 7 others), C.W.J.C. No. 5995 of 2020 (Sunil Kumar Sharma and 19 others) as well as in C.W.J.C. No. 7645 of 2020 (Ranjit Kumar Raini and 5 others).

11. In order to appreciate the contention of the parties, it would be necessary to refer to some basic facts.

12. In the year 2011, Secondary/Senior Secondary Teachers Eligibility Test (BSITET), 2011 was conducted by the Board. For any person to appear in the Eligibility test of 2011, the minimum requirement was (Clause -VIII of the Rules) was of 50% marks in graduation from a recognized university with 5% concession to the candidates of SC/ST, EBC and