Purnendu Singh, J. – Heard Mr. Mrityunjay Kumar, learned counsel appearing on behalf of the petitioner and Mrs. Binita Singh, learned SC-28 for the respondent/s.

2. The petitioner in paragraph no. 1 of the present writ petition has sought inter alia following relief(s), which is reproduced hereinafter: –

"1. For issuance of a writ in the nature of certiorari or any other appropriate writ/order/direction to quash the order contained in Memo no.-390 dated- 16.03.2020 issued by the Director, Primary Education, Government of Bihar, Patna, whereby and whereunder the representation of the petitioner has been rejected without considering the facts and circumstances of the case and also without considering the provisions contained under different Rules of Bihar Panchayat Elementary Teacher (Employment and service condition) Rule, 2012 (hereinafter referred to as the Rule, 2012).II. Further, for issuance of a writ in the nature of mandamus or any other appropriate writ/order/direction, to the respondents to consider the petitioner as Graduate Grade Trained Teacher since the date of Notification of the Rule, 2012, i.e. 03.04.2012 in the light of Rule-4 and Rule-18 of the 2012 Rule and accordingly to grant all the consequential benefits including the arrears of differences of salary.And/Or

for any other writ/order/direction as your Lordships may deem fit and proper."

BRIEF FACTS:

3. The facts lie in a narrow campus that the petitioner was engaged as Panchayat Shiksha Mitra in the year 2005 as per the amended guidelines contained in Memo No. 1458 dated 11.08.2004, which required minimum qualification of Matriculation. Scheme was to achieve the object of education of all the children at less cost. To ensure full enrollment and attendance in primary schools and their management in accordance with the provision of Article 243-G of the Constitution of India, the State enacted Bihar Panchayat Primary Teacher (Appointment and Service Conditions) Rules, 2006 (hereinafter referred to as ‘Rules 2006’). It was amended in the year 2008 by which teachers eligibility efficiency test was introduced.On 26th, August, 2009, Right of Children to free and Compulsory Education (RTE) Act, 2009 (hereinafter referred to as the Act, 2009) was notified. Sub-Section (1) of Section 23 of RTE Act provided that any persons possessing such minimum qualifications, as laid down by the academic authority, NCTE authorized by the Central Government by notification, shall be eligible for appointment as a teacher. Sub-Section (2) empower the Central Government, if it deems necessary it may by notification, relax the minimum qualifications required for appointment as a teacher, for such period, not exceeding five years. The amendment to Sub-Section (2) clarified that a teacher appointed or in position as on 31.03.2015, who doesn’t possess minimum qualifications as laid down under Sub-Section (1), shall acquire such qualification within a period of four year,pushing to March 31, 2019. The NCTE vide notification no. 215 dated 23.08.2010 laid down the minimum qualification for the teacher which was subsequently amended vide notification no. 158 dated 29.07.2011. The Rules, 2006became inconsistent with the RTE Act, 2009, was repealed by the Bihar Panchayat Teachers Rules, 2012 (hereinafter referred to as ‘Rules, 2012’) which came into effect from 03.04.2012.

4. Rules, 2012 provides for three categories of Teachers; Panchayat Shikshak (Prathmik Shikshak), of Basic Grade, who were appointed to teach the students from Class-I to Class-V; Prarambhik Prakhand Shikshak (Middle School) appointed to teach students from Class-VI to Class-VIII; and Pradhanadhyapak (Headmaster) each of separate grades. The NCTE categorize elementary teachers in two categories as Class I-V and Class VI-VIII with requisite qualification. Rules, 2012 laid down qualification in Rule 5 for the teachers of Class 1 to 5 (Basic Grade Teachers) to have minimum qualification of Intermediate, technical degree of D.El.Ed. o