SANJEEV PRAKASH SHARMA, J.:–Heard the parties.

2. The petitioner by way of this writ petition assails the decision of the State Government dated 25.08.2012, whereby it seeks to oust all the candidates, who have done an integrated five years course of LL.B. with graduation in subject of Arts or Science.

3. Learned counsel for the petitioner submits that the petitioner had passed a five years integrated course and was awarded a degree of B.A. LL.B.. He had done studies in subject of Arts for three years and also had done studies in law subject. After having passed B.A. LL.B. course, he appeared and cleared the STET exam and has also has done B.Ed course in the subject of Arts of Economics and Civics. Learned counsel submits that the petitioner had also passed Master’s degree in Economics. However, on account of the decision taken by the State government, the petitioner is being deprived from participating in the selection process for the post of Assistant Teacher in the education department. It would be, therefore, opposite it to quote the decision of the state government as published in their publication guidelines dated 07.07.2012 for sessions 2012-13:—

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4. Learned counsel for the petitioner has submitted that the requirement for joining in B.A. courses, one must have two teaching subjects at the graduate level, as the petitioner did B.A. LL.B. five years integrated course and had two teaching subjects, he was allowed to join B.Ed course and he completed the same in the session 2012-13 from Tilka Manjhi Bhagalpur University with teaching subjects economics and Political science. It is also pointed out that the petitioner further done M.A. in economics also. Keeping in view thereto, he submits that as the petitioner was possessed with much higher qualification than the qualification required for the post and also had possessed requisite technical qualification of B.Ed. The decision of the State government to oust him and similarly placed those who have done B.A. LL.B. and other integrated course is illegal and unjustified.

5. Per contra, counsel appearing for the State has submitted that as per the NCTE guidelines, a candidate can participate selection for teacher provided that he has studied the said subject at the graduate level. A second supplementary affidavit has been filed by the State and it is stated as under:—

“5. That in the session year 2002-2003 the Deponent had taken his admission in five years law