D.N. PATEL, J.

1. In all the aforesaid writ petitions, respective learned counsels appearing for the petitioners have submitted that tomorrow (15th February, 2012) Jharkhand Academic Council is going to hold the examination for the posts of Higher Secondary School Teacher (+2 Teachers), in pursuance of public advertisement no.117/11. It is further submitted that all the candidates, who are petitioners in these writ petitions, have been initially appointed as Primary School Teachers [barring the petitioner of W.P.(S) No. 4767 of 2011] and after appointment of these petitioners as Primary Teachers, they are on deputation for teaching 11th and 12th standard i.e. Higher Secondary School Standard (+2 standard). It is also contended by the learned counsel for the petitioners that the respondent-State of Jharkhand has prescribed the maximum age for the candidates, belonging to general category, as 40 years, for female candidates 43 years etc. and for different type of candidates, different maximum age limit has been fixed as on 1.1.2011. According to the learned counsel for the petitioners, this cut off date is absolutely arbitrary and the cases of the petitioners ought to have been considered by the respondent-State authorities relaxing the age, because they are working on deputation in Higher Secondary Schools (+2 Schools) since last 6/7 years. Learned counsel for the petitioners have also contended that there is also 50% reservation for those teachers, who are teaching in Secondary School standard i.e. teaching in Std. VIII to X. This type of reservation could not have been fixed by the respondents, ousting the Primary Teachers, who are teaching in Std. I to VII and whatever is the reservation fixed as per the advertisement for Secondary School Teachers, should also be made applicable to the Primary School Teachers. Learned counsel for the petitioners have relied upon the following decisions:

(i) (2006)9 SCC 507 (Malik Mazhar Sultan & anr. v. U.P. Public Service Commission & ors.)

(ii) 2008(2) J.L.J.R. 543 (Sanjeev Kumar Sahay & ors. v. State of Jharkhand & ors.)

(iii) 2009(2) J.L.J.R. 474 (Prem Ranjan etc. v. State of Jharkhand & ors.)

(iv) 2008(3) J.C.R. 267 (Sanjeev kumar Sahay & Ors v. State of Jharkhand & Ors)

2. On the basis of the aforesaid decisions, it has been submitted by the learned counsel for the petitioners that the advertisement for the posts of Teachers in Higher Secondary Schools (+2 Schools) has been published after approximately 24 years. Lastly in the year, 1987, the recruitment process for these very posts was conducted and, therefore, those, who are in the services, will be deprived of their opportunity, if age relaxation is not given by the respondent-State of Jharkhand and, therefore, as there was lethargic approach on the part of the respondent authorities, in not giving public advertisement year to year, the cut off date should be fixed by this Court, instead of 1.1.2011 to 15th November, 2000, the year in which the State of Jharkhand has been bifurcated from the erstwhile State of Bihar. All these candidates have not got any opportunity to compete with others from the year, 2000 onwards. This aspect of the matter has also not been properly appreciated by the State and arbitrarily the cut off date has been fixed as 1.1.2011 in public advertisement no.117/11 for the posts of Teachers in Higher Secondary Schools (+2 standard). Learned counsel for the petitioners have also submitted that there are no statutory rules for the posts in question and, therefore also, relaxation of age should have been given, at least to those, who are in the services as on the date of advertisement.

3. Learned counsel for the respondent-State has submitted that the cut off date, which has been fixed as 1.1.2011 is not at all arbitrary, because the advertisements have been given initially being Advertisement No. 74/11, thereafter, Advertisement No.80/11, thereafter Advertisement No.100/11 and cancelling all the aforesaid thr