Partha Sarthy, J.—Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the Bihar School Examination Board (herein after referred to as ‘the BSEB’)

2. The petitioners have filed the instant application for following reliefs :—

“1(i) For quashing the order dated 11.6.2020 issued under the signature of respondent Deputy Secretary by which the selection for sixth phase is going on depriving the petitioners even to be considered for that very post although the petitioner are suitable candidates who has completed their B.Ed degree in 2017- 2019.”

“(ii) For issuance of an appropriate writ in the nature of certiorari commanding the respondent authorities to quash the letter contained in Memo no. 2381 dated 27.12.2019 issued under the signature of the respondent Director, Secondary education, Department of Education, Government of Bihar, whereby and where under the petitioners, who qualified for Secondary/Senior Secondary Teacher Eligibility Test (BSITET) 2011 (hereinafter refer to as BSITET) conducted by the respondent Bihar School Examination Board (hereinafter referred as Board), Patna, who could not fulfill the terms and condition of sub clause III of Clause 8 of the guideline issued by the Board for BSITET.”

“(iii) For issuance of an appropriate writ in the nature of mandamus commanding the respendent authorities to consider the case of the petitioners for appointment on the post of secondary and senior secondary teachers in their respective employment units of different Zila Parishad, Nagar Nigam, Nagar Parishad & Nagar Panchayat.”

“(iv) For direction upon the respondent authorities to keep sub clause (iii) of clause 8 of the guideline 2011 in abeyance in view of the Regulation for B.Ed Two Years Degree Programme by National Council for Teacher Education.”

“(v) For direction upon the respondent authorities to publish the merit list of all the districts of Bihar including the Patna District and conduct the counseling and conclude the process of selection at an early date.”

“(vi) for declaration that depriving the petitioners to be considered for appointment on the post of secondary and senior secondary teachers in their respective employment units of different Zila Parishad, Nagar Nigam, Nagar Parishad & Nagar Panchayat in the garb of not having one year B.Ed. Degree within 5 years in terms of Sub Clause III of Clause 8 of the guideline issued by the Board is arbitrary and not sustainable in the eyes of law in the facts and circumstances of the case mentioned herein below.”

“(vii) Any other order or orders as your Lordships may deem fit and proper in the facts and circumstances of the case be granted to the petitioner.”

3. The case of the petitioners in brief is that in the year 2011 Secondary/Senior Secondary Teachers' Eligibility Test (for short ‘STET 2011’) was conducted by the BSEB wherein guidelines (hereinafter referred to as ‘the guidelines of 2011’) (Annexure 1) has been issued. Clause (8)(ka)(iii) of the guidelines of 2011 prescribed that after passing the qualifying STET 2011 it will be necessary for the candidates to pass one year B.Ed. degree within a period of five years for being considered for selection as secondary/senior secondary teachers. In the year 2015 the one year B.Ed. course was extended to two year course by the National Council for Teachers Education (hereinafter referred to as ‘the NCTE’). The petitioners appeared in the examination conducted by the BSEB in the year 2012 and their results were published on 14.6.2012 and of some petitioners on 28.6.2013. It is stated that the validity of the STET 2011 which was for a period of seven years, was extended for further two years by order contained in memo no. 1084 dated 26.6.2019 (Annexure 4). It is further stated that a notification contained in memo no. 1142 dated 1.7.2019 was issued under the signature of the Deputy Secretary wherein directions were given to fill secondary and senior secondary teachers as the validity of