JUDGMENT

CHANDRAMAULI KR. PRASAD, J.

1. Appellants, the State of Jharkhand and its functionaries, aggrieved by the judgment and order dated 23rd December, 2005 of the Jharkhand High Court, passed in LPA No. 161 of 2004 and analogous appeals have preferred these appeals by leave of the Court.

2. Shorn of unnecessary details, facts giving rise to the present appeals are that the Governor of Jharkhand in exercise of the powers conferred by 2 Article 309 of the Constitution of India framed Jharkhand Primary Teachers' Appointment Rules, 2002 (hereinafter referred to as the Rules) providing for appointment of teachers in Primary Schools. Rule 2(b) of the Rules defined `Trained' which reads as follows:

"2. Definitions : - x x x x x x x (b). `Trained' means those persons who have received the following training from the recognized institution and has passed-

(i) Two years Teachers training, or (ii) B.Ed/Dip. In Ed./Dip. In Teaching; and (iii) C.P.Ed/Dip.P.Ed. x x x x x x x"

3. Rule 3 of the Rules conferred power to the Jharkhand Public Service Commission (hereinafter referred to as the `Commission) to publish advertisement inviting applications from citizens of India, who had passed Matricu