S.J. Mukhopadhaya. J.

1. This writ petition has been preferred by the petitioners for direction on the respondents to consider their cases for appointment as Primary Teachers under the State of Jharkhand.

2. According to the petitioners, they are eligible for appointment to the posts of Primary Teacher and though they have competed in the written test for appointment to the posts of Primary Teacher held by Jharkhand Public Service Commission, Ranchi (hereinafter to be referred as J.P.S.C.), they have not been provided with the letters of appointment whereas the persons, below them in the merit list, have been appointed.

3. The case of the petitioners is that they, having passed Diploma in Social Education (Mental Retardation) are eligible for appointment to the posts of Primary Teacher in pursuance of an advertisement, published by the J.P.S.C. in the month of August, 2002, they applied for appointment as Primary Teachers in Nationalized Primary Schools. They were allowed to appear at the written competitive test, held on 27th May, 2003. Thereafter results of the successful candidates were published in the month of November, 2003 and the petitioners were also declared successful. However letters of appointment have not been issued to them, though the persons, below them in the merit list, have been appointed.

4. The respondents in their counter affidavits have taken plea that the petitioners have got training of Diploma in Special Education (Mental Retardation) from an institute known as "Deepshikha, Ranchi in between the sessions 1999-2000 and 2001-2002 i.e. after enforcement of National Council for Teachers Education Act. 1993 (hereafter to be referred as N.C.T.E. Act), which came into effect from 1st July 1995.

The said institute namely, "Deepshikha, Ranchi" being not recognized by the Eastern Regional Committee of the National Council for Teachers Education, Bhubneshwer, the petitioners are not eligible for appointment nor are entitled for any relief.

5. According to the petitioners, the institution, known as "Deepshikha, Ranchi" is recognized by the Rehabilitation Council of India (hereinafter to be referred as RCI), a statutory body under the Ministry of Social Justice and Empowerment, Govt. of India. The said RCI recognizes the Diploma in Special Education (Mental Retardation) Programme, conducted at Deepshikha, Ranchi and similar Diploma in Special Education (Mental Retardation), as being run by Karnataka Parents Association, Bangalore, is approved by the National Council For Teachers Education. The petitioners have placed reliance on Letter No. 3898, dated 24th August, 2004, issued by the Member Secretary, RCI, New Delhi and have also enclosed the copies of the certificate i.e. Diploma in Special Education (Mental Retardation), awarded by the National Institute for the Mentally Handicapped, Ministry of Social Justice and Empowerment, Government of India.

6. It appears that the petitioners had earlier moved before this Court for similar relief vide W.P. (S) No. 2627 of 2004, wherein a Bench of this Court vide its order dated 17th May, 2004 dismissed the writ petition in terms of the decision, rendered in W.P. (S) No. 588 of 2004 Suresh Kumar and Ors. v. State of Jharkhand and Ors., [see 2004 (2) JCR 274 (Jhr)] and analogous cases. Against the said judgment, the petitioners having not moved before the higher Court, the order dated 17th May, 2004 reached finality. Therefore, the second writ petition i.e. the present one for the same relief, without any further cause of action, is not maintainable.

7. The judgment, rendered in W.P. (S) No. 588 of 2004 Suresh Kumar and Ors. v. State of Jharkhand and Ors., and analogous cases fell for consideration before a Division Bench of this Court in LPA No. 235 of 2004 Dilip Kumar Gupta and Ors. v. The State of Jharkhand and Ors. [see 2005 (2) JCR 293 (Jhr)] and analogous cases. In the said case, Division Bench of this Court having taken note of expression "Recognized Training Institute"