Narendra Nath Tiwari, J.-The petitioners, who are teachers of different secondary schools, have sought a direction on the respondents to consider them for promotion to the posts of Headmaster, as they, being the Acting Headmasters or seniormost teachers of their respective schools, were all eligible for promotion to the posts of Headmaster in terms of the provisions of Bihar Nationalised Secondary Schools (Service Conditions) Rules, 1983.

2. All the petitioners were appointed as Trained Graduate Assistant Teachers and have possessed Master Degree with Teachers' Training Diploma. They were given Selection Grade as also the Super Selection Grade and either they are Acting Headmasters or Seniormost Teachers in their respective schools

3. For the purpose of dealing with the service conditions, including the preparation of seniority list and promotion, rule was framed under the provisions of Section 9 of the Bihar Non-Government Secondary Schools (Taking Over of Management and Control) Act, 1981.

4. Rule 4 of the said Rules prescribed minimum eligibility and qualification for appointment/promotion to the post of Headmaster, which includes;

(i) B. Ed. Degree of recognized university;

(ii) B. Ed., Dip.-in-Ed. Dip.-in-teach/ C.T. or any equivalent qualification of Teachers' Training by any recognized university or Board recognized by the State Government.

(iii) In case of direct recruitment, B. Ed. Degree with ten years' teaching experience for general category and for the members of Scheduled Tribes Scheduled Castes and female candidates seven years' teaching experience or eight years' service in Selection Grade etc.

5. According to the Rule, 80% posts of Headmaster of Nationalised High School were/are to be filled up by promotion and 20% posts by direct recruitment.

6. In the then existing State of Bihar, thousands of posts of Headmaster were vacant. The process of promotion to the posts of Headmaster commenced in early 2000. The Secretary, Primary, Secondary and Adult Education Department, Government of Bihar, by its letter dated 27th June, 2000 directed all the Regional Deputy Directors of Education to send the State Seniority List of Assistant Teachers for promotion to the posts of Headmaster (Annexure-1). The Regional Deputy Directors of Education of united Bihar sent the seniority list of Assistant Teachers, who were eligible for promotion to the posts of Headmaster.

7. The seniority list was prepared in terms of the Bihar Nationalised Secondary

Schools (Service Conditions) Rules, 1983 read with Government Order No. 519 dated 2nd July, 1983. Those teachers, who were/ are in Post-Graduate Trained Scale and Selection Grade in Graduate Trained Scale, their inter se seniority of such teachers was decided on State level and the matter was pending for promotion on 80% vacant posts before the erstwhile Government of Bihar.

8. The State of Jharkhand was created on bifurcation of the State of Bihar by virtue ot Bihar Reorganisation Act, 2000 on 15th November, 2000.

9. Consequently, the vacant posts of the Headmaster of the schools, falling within the territorial jurisdiction of the Jharkhand State, were to be filled up by the Government bf Jharkhand. After bifurcation, the State of Jharkhand took steps for filling up the vacant posts of Headmaster of the promotional quota of such Nationalised High Schools, which are situated within the State of Jharkhand. Various communications were made from the Director, Secondary Education to the Regional Deputy Directors of Education and District Education Officers. One such communication was issued under the signature of the Deputy Director of Education to all the Regional Deputy Directors of Education and District Education Officers dated 3rd September, 2002. The said letter was accompanied with the bifurcated gradation list of such eligible Post-Graduate/Selection Grade Scale Holders, having all requisite qualifications. Objections were invited to the said gradation list.

10. The Petitio