1. By Court Heard learned counsel for the petitioners, learned counsel for the State as well as learned counsel for the Interveners.

2. The petitioners are challenging the entire selection process initiated vide advertisement No. 27/2011 dated 26th March, 2011 by which the respondents want to select and appoint about 18,000 primary teachers in Primary Schools run by the State Government.

3. The recruitment of the primary school teachers in the State of Jharkhand is regulated by the Jharkhand Primary School Appointment Rules, 2002, which has been framed by exercising the power under Article 309 of the Constitution of India. Rule (8) provides for holding two tests, one Preliminary Test and another Final Test, which are required to be cleared before any appointment on the post of teacher for primary classes i.e., for Class of I to Class V in Government Schools can be given. These Rules were amended time to time, which included the amendment made vide notification dated 26th December, 2006 then vide notification dated 14th August, 2007 and vide notification dated 16th September, 2009. Yet another amendment came vide notification dated 23rd October, 2009 and the petitioner has challenged the validity of Clause (III) of Sub-Rule (Ka) of Rule 8 and also proviso to Clause (VI) of Sub-Rule (Ka) of Rule 8 to the extent whereby it has been provided that obtaining of 35 % marks in the case of general category and 30 % marks in tribal language and regional language in the case of Scheduled Castes and Scheduled Tribes respectively, shall be compulsory to qualify for main examination for Primary School Teachers appointment in the State of Jharkhand. The petitioner also sought relief to declare Rule 8 (Kha) of Jharkhand Primary School Appointment Rules, 2002 as brought by Rule 3 of Jharkhand Primary School (second amendment) Appointment Rule ultra vires and consequently sought the relief of quashing the Advertisement No. 27 of 2011 published on 26th March, 2011.

4. Facts of the case are that the advertisement, Annexure-7, which is advertisement no. 27 of 2011 was issued to fill up post of 4401 Urdu Assistant Teachers and also for filling up 13,807 posts of Assistant Teacher of other than Urdu Assistant Teachers. The total bifurcation of the seats district-wise and reservation of seats have also been given in detail in the advertisement. The last date for submitting the application form of this selection process was 15.4.2011. The advertisement also contains that in preliminary test, there will be two papers; one of General Knowledge of 50 marks and second will be the paper of Regional/Tribal language of 50 marks. Thereafter, a schedule has been given in the advertisement showing which tribal and regional language will be for a particular district. It is clearly mentioned as a condition that the applicant, who is applying for vacant post in a particular district, shall have to take examination for the languages given against the column of that district. In Clause 5 of the advertisement, it is provided that, for appearing the main examination the candidate shall be required to obtain 35 % marks in General Knowledge and Tribal/Regional language for general category and 30% marks for reserved category. Then the separate examination of 300 marks has been prescribed in the advertisement which consists of examination which is as under :-

1. Language 100 marks

(Ka) General Teacher-Hindi and English

(Kha)Urdu Teacher-Urdu and English

2. Social Science 100 marks

3. General Science 100 marks

300 marks

5. After advertising these posts and expiry of last date for submitting applications for appointment on the post of primary school teachers in Urdu and General category, on 19.5.2011, another advertisement no. 45 of 2011 was issued whereby the examination which was scheduled to be held on 29.5.2011 was postponed and it was notified that new date will be notified afterwards. Then on 25.5.2011 another notification no. 46 of 2011