S.J. Mukhopadhaya, J.

1. This writ petition has been preferred by the petitioners against the part of the Advertisement No. 1/2004-05 issued by the Jharkhand Public Service Commission (hereinafter referred to as J.P.S.C.), whereby applications have been called for appointment of Ancient Language Teachers (Sanskrit and Urdu). Minimum qualification of Acharya/Fazil or M.A. in Sanskrit/Urdu" and Degree of Bachelor of Education, from a recognized Institute has been laid down.

2. According to the petitioners, they are B.A. (Honours) in Sanskrit/Urdu and are eligible for appointment to the post of Ancient Language Teachers (Sanskrit/ Urdu). But just to exclude them and other similarly situated persons, applications have been called for only from those who hold the qualifications of Acharya/Fazil or M.A. in Sanskrit/Urdu.

3. Counsel appearing on behalf of the petitioners, placed reliance on a Resolution No. VI/M 7018/63E-374 dated 29th March, 1963, issued by the Government of Bihar from its Education Department, and submitted that the Degree of Acharya/Fazil is equivalent to B.A. (Honours) in Sanskrit/Urdu).

4. Though the aforesaid submission has been made, but this Court is not inclined to accept the same, Resolution No. 374 dated 29th March, 1963 being specific. The said Resolution relates to equivalency of a Degree/Diploma given by Kameshwar Singh Darbhanga Sanskrit Vishwavidyalaya, Darbhanga. The following Degree/Diploma has been made equivalent to Degree/Diploma, awarded by the Bihar School Examination Board and Universities in the State of Bihar for the purpose of Sanskrit teaching and appointment in the State services. The relevant portion of which is quoted hereunder :

"(a) For the purpose of appointment of public service. ____________________________________________________________________________ Name of Sanskrit Name of degrees and diplomas of which Degrees, Diplomas deemed equivalent and Certificates

For Sanskrit For other

Teaching and appointments

Inspection of

Sanskrit

Institutions only. ____________________________________________________________________________ NAVIN SYSTEM Prathma (ii) Middle Middle Uttar Madhyama(ii) Matriculation or Under Matriculat e

S.S. ____________________________________________________________________________ (without English) Examination Uttar Madhyama (ii) Matriculation or Matriculation or S.S. ____________________________________________________________________________ (with English) Examination S.S. Examination Pre-University o r

Higher secondary . ____________________________________________________________________________ Shastri (with English) BA I.A. or B.A. (Pa rt-I). ____________________________________________________________________________ Acharya (without M.A. (Sanskrit) I.A. or B.A. (Pa rt I) English at Shastri Stage) ____________________________________________________________________________ Achara (with English M.A. (Sanskrit) B.A. at Shastri stage) ____________________________________________________________________________ Prathma Middle Middle. Madhyama Matriculation or Under Matriculat e

S.S. Examination ____________________________________________________________________________ Shastri I.A. or B.A. (Part I) Matriculation or S.S.

Examination. ____________________________________________________________________________ Acharya B.A. (Hons) I.A. Sanskrit ____________________________________________________________________________ Acharya (with pass in M.A. (Sanskrit) B.A. English of Navin Shastri or Equivalent standard).

So far as the Sanskrit Pandits having Dip-in-Ed. qualifications are concerned, the diploma would be deemed to be in addition to their basic qualification as per equivalent stated above".

5. Learned counsel for the State has also placed reliance on Jharkhand Government Secondary School (Condition of Service) Rules, 2004 framed in exercise of power vested under Section 9(1) of Jharkhand Non-Government Secondary School (Management and Control, Take Over) Act, 2002, a