K. Vinod Chandran, CJ. – Petitioners herein are guest teachers appointed to the Higher Secondary Schools in the State who challenge the Bihar State School Teacher (Appointment, Transfer, Disciplinary Proceedings and Service Conditions) Rules, 2023. The challenge is raised on three grounds. The first the State Government having provided for qualifying in Teacher Eligibility Test (TET) conducted by the State Government or the Central Government for the purpose of appointment as Higher Secondary School Teachers; which is against the prescription in the Regulations of the National Council for Teacher Education (for brevity “NCTE”). There is no relaxation of maximum age permitted for guest teachers and there is no preference conceded to them; who were appointed after conducting a proper selection wherein reservation was also made applicable.

2. We heard learned Senior Counsel Shri. Y.V. Giri for the petitioners and the learned Advocate General Shri P.K. Shahi for the respondent State.

3. Learned Senior Counsel referred to the qualifications prescribed by the NCTE as seen from Annexure-6 which does not mandate qualification in the TET conducted by the State or the Central Government. It is