D.N. Patel, J.

1. This Letters Patent Appeal has been preferred by the original respondent No.1 of W.P.(S) No. 1897 of 2013. The writ petition was preferred by the original petitioners-respondents herein which was allowed by the learned Single Judge vide order dated 26th September, 2013. The respondents (Original petitioners) who were wrongly offered the post of teachers, are now offered the post of clerks, because these respondents had not cleared the Teachers Eligibility Test as required under the notification issued by the National Council of Teachers' Education (hereinafter referred as 'N.C.T.E.') under Sub-Section 1 of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009.Though this minimum qualification or eligibility was not with the respondents, they were given appointment as teachers in Primary Schools on compassionate basis on account of death of their respective father/mother/husband. In fact, there is no termination of the services of the respondents by the State of Jharkhand. The respondents who were appointed on compassionate basis as teachers vide appointment letters dated 20th September, 2012 are now offered the post of clerks vide