Rajesh Shankar, J. - (1.)By way of present writ petition, the petitioners have prayed for striking down the Jharkhand Elementary School Teachers' Recruitment Rules, 2012 as arbitrary, particularly, the provision contained in Rule 14 which renders Para Teachers with two years of uninterrupted service as eligible for selection and not the teachers with teaching experience in elementary schools and the provision contained in Rule 21 which allows consideration of marks obtained in Teachers? Eligibility Test (for short TET ) but not the marks obtained in the examination for selection of teachers conducted by the Jharkhand Public Service Commission. The petitioners have further prayed for a direction upon the respondents to consider the petitioners for direct recruitment to the post of Graduate Trained Teachers for Class-VI to Class-VIII being the subject matter of the advertisement dated 4th July, 2015.
(2.)The factual matrix of case is that the Government of Jharkhand framed Jharkhand Elementary School Recruitment Rules, 2002 (hereinafter to be referred as the Rules 2002 ) and as per the Rules 2002 (particularly Rule 4 read with Rule 2(Kha) read with Rules 7 and 11), the eligibility criteria was matriculate with training and having passed the recruitment examination conducted by the Jharkhand Public Service Commission in two stages i.e. Preliminary Test and Mains Examination. Moreover, Rule 9 postulated that a district-wise merit list was to be prepared by the Jharkhand Public Service Commission, based on the marks obtained in the Mains Examination, leading to appointment of candidates. Further, Rule 11 provided that the appointment shall be in Matric Trained Scale only.
(3.)Subsequently, vide Notification No.1691 dated 14th Aug., 2007, the Government of Jharkhand made an amendment in the Rules 2002 by way of Jharkhand Elementary School Recruitment (Amendment) Rules, 2007 (hereinafter to be referred as the Rules 2007 ), wherein provision was inserted for eligibility to be Intermediate Trained. Subsequent to Rules 2007, the Jharkhand Public Service Commission published an advertisement, setting out the amended instructions for the purpose of recruitment against which the petitioners applied and eventually got selected and appointed. The petitioners, thereafter, joined in their respective schools.