S.Roy, J.

1. On 18-9-1987 at the time of admission of C.W.J.C. No. 1302 of 1987(R) the Bench ordered that as the identical question was involved in that writ application and also in C.W.J.C. No. 754 of 1986(R), both the cases will be heard together. Both the cases were heard together and are being disposed of by this judgment.

2. The facts of both the cases are identical. In pursuance of an advertisement, copy of which is Annexure-2, the petitioners applied for the post of Urdu Assistant Teachers in Elementary Schools in the district of Ranchi. For Urdu Teachers, the academic qualification laid down was that the candidate must have passed the examination of Maulvi or Alini or Fazil. According to the petitioners, they have passed Fazil examination from Darul Uloom Deoband (U.P.). The petitioners were selected for appointment and by office order dated 10th April, 1982, a copy of which is Annexure-1, the petitioners were appointed as Assistant Teachers in Urdu in different schools in the district of Ranchi. They joined their respective schools in pursuance of the same. While they were so working, respondent No. 3 issued an office order terminating the services of the petitioners on the ground that the degree given by Darul Uloom, Deoband was not recognized by the State Government. A copy of that order is Annexure-3 to both the writ petitions. The validity of this has been challenged in both the writ applications.

3. Both the writ applications were listed for hearing before a learned Single Judge (B.P. Singh, J.) The learned Single Judge in his order dated 10-7-1989 observed that in view of a Division Bench decision of this Court with regard to some of the petitioners i.e., the petitioners in C.W.J.C. No. 1302 of 1987(R), the matter should be heard by Division Bench. The matter was listed before a Division Bench for hearing. The learned Judges of the Division Bench noticed the judgment of another Division Bench that in C.W.J.C. No. 1423 of 1985(R) in which some of the petitioners were parties, it was held that C.W.J.C. No. 1423 of 1985 (R) was barred by res judicata as those petitioners had moved this Court earlier in C.W.J.C. No. 384 of 1984(R) which was disposed of on 8-5-1984. The correctness of that finding was doubted by the Division Bench and it ordered that the matter should be listed before the larger Bench. It has been listed before this Bench for hearing.

4. Some more facts which are relevant to notice are that on 23-2-1984 respondent No. 3 issued a letter to the petitioners of C.W.J.C No. 1302 of 1987(R) by which the petitioners were informed that their degree from Darul Uloom, Deoband in Fazil was not recognised by the State Government and they were directed to produce documents to show that, it was recognised by the State Government. The validity of this was challenged by these petitioners in C.W.J.C. No. 384 of 1984(R). They also prayed for a direction on State Government to pay their salary which had been stopped. Prayer was also made for direction to the State Government to recognise the degree of Darul Uloom, Deobaad. The learned Single Judge by order dated 8-5-1984 disposed of that matter by passing the following order

The respondents shall pay the salary to the petitioners so long as they are in service of the respondents and are doing teaching work. This order being passed after hearing the parties. With this observation, the writ application is disposed of.

5. Thereafter, Annexure-3 to the writ applications was issued which was challenged by the petitioners of C.W.J.C. No. 1302 of 1987(R) by filing C.W.J.C. No. 1423 of 1985(R). The Division Bench of this Court by order dated 8-4-1986 dismissed the same at the admission stage, a copy of which is Annexure-A to the counter-affidavit, filed on behalf of respondent. No. 3 in C.W.J.C. No. V54 of 1986tR) The relevant portion of the order with which we ate concerned in this case and which, was noticed by the learned Single Judge and the learned Judges of the D