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 Matriculation or its equivalent examination and trained as defined in Rule 2(b) of the Rules to fill up the posts of Primary School Teachers. 3 In exercise of the power under Rule 3 of Rules, the Commission made advertisement on 24th August, 2002 inviting applications for filling up the vacancies of the teachers in the Government Primary Schools. The eligibility criteria prescribed in the advertisement reads as follows: "The applicant must- (a) be a Citizen of India; (b) have passed Matric or equivalent examination; and (c) possess two years teachers training or B.Ed./Dip. in Ed./Dip. in Teaching or C.P.Ed. or Dip.P.Ed." Rule 2(b) of the Rules was amended by Jharkhand Primary Schools Appointment Amendments Rules, 2003 published on 6th March, 2003, whereby the words `only for the physical trained teachers' were inserted after Rule 2(b)(iii) of the Rules. Rule 2(b) of the Rules after its amendment reads as follows :

2. Definitions : 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. only for the Physical Trained Teachers. In the light of the aforesaid amendment in the Rules, the Commission published corrigendum dated 22nd April, 2003 and provided that the candidates having C.P.Ed./D.P.Ed. will be deemed eligible for appointment against vacancies for the post of Physical Trained Teachers only.

4. The Commission conducted the examination of the eligible candidates in which the writ petitioners appeared. Their results were not published and their candidature confined only to the posts of Physical Trained Teachers. Aggrieved by that, they filed writ petition before the Jharkhand High Court, inter alia, praying for issuance of a writ in the nature of mandamus commanding the State Government and its functionaries to consider their cases for appointment against the entire vacancies of Primary School Teachers and further for a direction not to restrict their candidature only to the vacant posts of Physical Trained Teachers.

5. The learned Single Judge by its judgment dated 2nd December, 2003 dismissed the writ petition, inter alia observing that the writ petitioners do not possess requisite qualifications and hence; not entitled to be considered for appointments to the post of Primary School Teachers. While doing so, the learned Single Judge observed as follows: "In the instant case, admittedly, Petitioners obtained physical training course which is required for the post of physical trained teacher. For being appointed as a primary teacher a candidate must possess qualification of a trained teacher i.e. B.Ed./Dip-in-Ed/Dip-in-Teach. In my considered opinion, therefore, petitioners do