AJAY KUMAR TRIPATHI, J.

1. Petitioners have preferred the writ application to declare Rule 6(1)(a) of Chhattisgarh Teacher (Panchayat) Cadre (Recruitment and Condition of Service) Rule, 2012 (hereinafter referred to as 'the 2012 Rule') to be ultra vires the Constitution of India.

2. On 17.08.2012, the 2012 Rule was notified in exercise of power conferred under Section 70 sub-Section (1) as well as Section 53 sub-Section (1) read with Section 95 sub-Section (1) of the Chhattisgarh Panchayatraj Adhiniyam, 1993.

3. The Rule in question was notified to recruit teachers at the Panchayat level across the State with an effort to codify the law and bring some kind of surety to the method of recruitment, appointment and their service conditions.

4. The Rule under attack is Rule 6(1)(a) of the 2012 Rule which reads as under :-

^^6- HkrhZ dk rjhdk & ¼1½ bu fu;eksa ds izkjaHk gksus ds Ik'pkr lsok esa HkrhZ fuEufyf[kr rjhdks ls dh tk;sxh] vFkkZr%&

¼d½ esfjV }kjk ;k izfr;ksxh ijh{kk }kjk p;u ds ek/;e ls vFkok jkT; 'kklu }kjk le;≤ ij tkjh fd;s x;s vkns'k@funsZ'k ds vuqlkj lh/kh HkrhZ }kjkA^^

5. Submission of the counsel for the Petitioners is that in the earlier Rule of 2007, there was a pro