Ashutosh Kumar, J. – All the appeals raise a common question of law, based on same set of facts and therefore, they have been dealt with together and a common judgment is being pronounced.

2. We have heard Sri P.K. Sahi, learned Advocate General for the State in one of the appeals, Sri Lalit Kishore, learned Senior Advocate assisted by Sri Sanjay Kumar Pandey, learned Advocate for the BPSC and Sri Vishwajeet Kumar Mishra and Sri Amit Pandey, learned Advocates for the respondents and Sri Sumit Kumar Jha for one of the proposed intervenors, who was permitted to raise the issues during the course of argument even though he had not formally been impleaded as an intervenor party. Sri Prince Kumar Mishra, learned Advocate has appeared for the successful candidates, whose appointment is under cloud because of the judgment under challenge; Sri Manoj Kumar Singh for the Rehabilitation Council of India and Sri Sunil Singh for the NCTE.

3. A batch of writ petitions was heard by the learned Single Judge, the lead case being CWJC No. 15081 of 2018, wherein an issue was raised on behalf of the applicants who had M.Ed. Special Degree, against the decision of not finding them to be having requisite qualification for being considered for appointment as Teachers in Government Training Colleges against Advertisement No. 2 of 2016.

4. The Advertisement No. 2 of 2016 was issued by the Bihar Public Service Commission for appointment on 478 posts of Teachers in Government Training Colleges in various subjects. The qualification prescribed in the Advertisement was M.A. with minimum of 55% marks in anyone of the subjects and M.Ed. with minimum of 55% marks.

5. This Advertisement was in consonance with the provisions contained in Bihar Education Service Rules, 2014; Section 28 of which provides for the process of appointment.

6. According to the Rules, referred to above, the appointment in the basic cadre would be done as follows: –

I. There shall be direct appointment on the 50% posts of basic grade.

II. Rest 50% posts shall be filled up on the basis of limited competitive examination from amongst the teachers working in government schools at least for three years and having requisite qualification for the posts. Relaxation of 5 years would be given in their upper age limit.

III. The posts of basic grade for appointment shall be done on the basis of subject wise vacancies and appointment shall also be done subject wise.

Sub-clause (2) of Rule 28 further provides specification with respect to minimum educational and training qualification. The qualification is PG qualification having 55% marks from a recognized University and requisite qualification in the specific subject with 55% marks in M.Ed.

7. Most of the writ petitioners were having M.Ed. Special degree with 55 or more percentage of marks, who were included in the provisional list of eligible candidates who could have been considered for appointment on the post of Teachers in the Government Training Colleges.

8. However, vide communication dated 08.06.2018 addressed by the Principal Secretary, Department of Education to the Secretary of Bihar Public Service Commission, it was informed that only M.Ed. degree in specific subject would be the requisite qualification and not M.Ed. Special degree as there is essential difference between the two degrees in the sense that M.Ed. Special Education/Special Visual Impairment/Mental Retardation is a degree which is recognized by Rehabilitation Council of India (RCI) whereas M.Ed. Degree is recognized by the NCTE.

9. Based on this communication from the Principal Secretary of the Department of Education, the writ petitioners were ousted from the zone of consideration.

10. The learned Single Judge took exception to their exclusion and found that the Advertisement merely contained the minimum educational qualification to be M.Ed. with 55% marks without specifically excluding M.Ed. in Special Education.

11. The Bench, therefore, was of the view that in accordance with the w