R.K. Merathia, J.

1. Heard the parties finally.

2. Mr. Pandey, learned Counsel appearing for the petitioners, submitted as follows. The petitioners were appointed in September/October, 1994 as Assistant Primary Teachers on the recommendation of the BPSC and on the basis of merit. The minimum qualification for appointment of such teachers was matric and weightage was to be given to trained, but as the petitioners had higher qualifications namely graduation and above they were given matric trained scale since their appointment, in the light of the Government circulars. They were given replacement scales subsequently of Grade-I. Petitioners repeatedly requested for sending them for training but they were sent only in 1998, and that too only after the orders passed by the Supreme Court on 5.9.1997. They completed the training in the year 1999 but the result was published in the year 2002 only after the intervention of the Court. In the circumstances, petitioners were not at fault in not acquiring training. Therefore, the petitioners should be given Grade IV scale as they have also completed the requisite period i.e. 8/12 years in service. He also relied on Clause 3 (Kha) of the Circ