Madhuresh Prasad, J. – Heard learned counsels for the parties.

2. The petitioners are aggrieved by the minimum qualification clause contained in the Bihar Panchayat Primary Teacher (Employment and Service Condition) Rule as also Bihar Nagar Primary Teacher (Employment and Service Condition) Rule, 2012. Their grievance is with respect to specific prescription contained in these two rules at Clause 5 (i) (kha) insofar as it declares the Teacher Eligibility Test conducted by the Central Government as also by the State Government, both to be one of the essential minimum qualifications.

3. The said requisite essential qualification has been reiterated subsequently in Clause 5 (i) (kha) of the Bihar Panchayat Elementary Education Service (Appointment, Promotion, Transfer, Disciplinary Proceedings and Conditions) Rule, 2020 and Clause 5 (i) (kha) of the Bihar Municipal Elementary School Service (Appointment, Promotion, Transfer, Disciplinary Proceeding and Service Conditions) Rules, 2020 The impugned provision in the above noted three rules are identical, and hereinafter for the sake of brevity referred to as “the impugned provision in the Rules”.

4. The impugned provision in the Rules, inso