M.Y. Eqbal, J.

1. In all these writ petitions since common question of law and facts are involved, they have been heard together and disposed of by this common order.

2. Jharkhand Public Service Commission (shortly the Commission) issued advertisement in the newspaper in August, 2002 inviting applications from the eligible candidates for filling up the posts of teachers in primary schools. In the said advertisement necessary eligibility criteria as well as district wise vacancies of the teachers was also mentioned. As per the provisions of Jharkhand Primary Schools Appointment Rules, 2002, the eligibility criteria for appointment on the post of assistant teacher in the primary school is matriculation or equivalent examination with two years teachers training or B.ED/Dip-in-Ed in teaching. All the petitioners submitted their applications and the Commission held written test. In the result published by the Commission all the petitioners have been declared successful. The Commission, thereafter, forwarded and recommended the names of the petitioners in order of merit of respondent Nos. 1 and 3, namely, the Director, Primary Education, Government of Jharkhand. The respondent thereafter started the process of verification of certificates and issued appointment letters to many candidates. The grievance of the petitioners is that inspite of fulfilling all the criteria including the requisite qualification and training, the respondents are not issuing letters of appointment in their favour.

3. The respondents filed their counter-affidavit stating, inter alia, that the Commission recommended the names of selected candidates on the condition that appointment letters shall be issued only after proper verification of academic/training/option/caste certificates that shall be furnished by the candidates. As per the direction of the Commission, the Education Department issued detailed guidelines in respect of the appointments of selected candidates vide memos dated 13.11.2003 and 4.12.2003. Respondents further case is that recognition of degree and diploma relating to Teachers Training shall be in accordance with the National Council for Teacher Education Act, 1993 and the rules, regulations and guidelines made thereunder. It is contended that a guideline in this connection has been issued to different Headquarters by the Government of Jharkhand in respect of the institutions, which have been recognized. A copy of the guidelines has been annexed as Annexure-C to the counter-affidavit.

4. In all these writ petitions the petitioners claimed to have obtained B.Ed. degree or certificates of Teachers Training/Correspondence Courses of Teachers Training from different private institutions under different States, namely, State of Bihar, State of West Bengal and State of Uttar Pradesh etc. The grievance of all these petitioners is that the respondent-State is bound to recognize these degrees/certificates since the petitioners fulfill the criteria for appointment they are entitled to get appointment letters.

5. I have heard learned counsels appearing on behalf of all the writ petitioners and the learned Advocate General at length. Learned Advocate General firstly submitted that the recognition of degree and diploma relating to Teachers Training can be accepted only if the same has been issued by the Institutions duly recognized by the National Council of Teacher Education. Learned counsel drawn my attention to the relevant provisions of the National Council of Teachers Education Act. According to him, after 17th August, 1995 when the Act came into force, only those institutions which have been recognized by the NCTE will be deemed to be recognized institutions and the Degrees and Diplomas of only those institutions and the institutions duly recognized by the concerned States shall be accepted for the purpose of giving appointment to the candidates who have been declared successful in the written examination. Learned counsel further submitted that