Claiming parity with the parateachers, the petitioners have challenged Rule 14 of the Jharkhand Elementary School Teacher Appointment Rules, 2012, on the ground that it infringes Articles 14 and 16 of the Constitution of India.

2. The brief facts of the case are that, Kasturba Gandhi Residential Schools (KGBVs) are established at Block level for advancing cause of girls’ education in backward areas. The teachers in the school are selected by Selection Committee headed by the Deputy Commissioner of the district. Amongst the teachers, one who secures higher position, is selected as Warden who has to look into other administrative and financial matters also. The petitioner no.1 claims to have obtained her M.A Degree in Economics in First Class. She has also cleared the Teacher Eligibility Test (TET) 2012 for Class VI to VIII and ever since her appointment vide, letter dated 12.12.2005 in Kasturba Gandhi Girls School, Deoghar, she is discharging her duties without break in service. The petitioner nos. 2 & 3 are also holding Masters Degree and fulfill the requisite essential qualification, for appointment to the post of teacher including, Teacher Eligibility Test (TET) 2012. It is asserted that the petitioners have been working as teachers in Kasturba Gandhi Girls School for periods between 59 years and the nature of duties and responsibility of the petitioners are no less onerous than the parateachers. Both are contractual appointees working under the State Government and in the same department. In the above facts, the petitioners have averred that denying reservation to the petitioners on the one hand and providing reservation of 50% seats for the parateachers in recruitment as regular teachers in Class VI-VIII is arbitrary, discriminatory and, unreasonable and thus, breaches Article 14 and 16 of the Constitution of India.

3. Heard the learned counsel for the parties and perused the material on record.

4. Mr. Bhanu Kumar, the learned counsel for the petitioners contends that Rule 14 of the Jharkhand Elementary School Teacher Appointment Rules, 2012 suffers from vice of arbitrariness, inasmuch as, reservation of 50% seats for parateachers in appointment on the post of regular teachers has no rational nexus with the object i.e. selection of teachers, to be achieved. It is submitted that the petitioners, who had undergone similar process of appointment and who are discharging similar responsibilities, must be granted reservation “up to reasonable limit” by amending Rule 14, suitably, to provide fair opportunity to the petitioners and other similarly situated teachers in Kasturba Gandhi Residential Schools to compete for appointment as regular teachers in regular pay-scale in the Government schools.

5. Per contra, Mr. H.K. Mehta, the learned counsel for the respondent-State of Jharkhand disputing the stand taken by the petitioners that they are similarly situated to the parateachers working continuously for two years in Government schools, submits that the parateachers form a separate class of teachers who have acquired vast knowledge in teaching in the Government schools and they are working in similar manner as the regular teachers in the Government schools are working. It is further contended that the petitioners have fair opportunity to compete in the selection for appointment on the post of regular teachers.

6. Before adverting to the rival contentions, the establishment of Kasturba Gandhi Residential Schools and, appointment of teachers may usefully be noticed.

7. The scheme for encouraging girls education in the backward areas was evolved with the joint efforts of the Government of India and the State Government. In Kasturba Gandhi Residential Schools education for Class VIVIII is imparted. The teachers are appointed on contractual basis for fixed term and, on fixed Parilabdhi (honorarium). If the contractual period is extended, the honorarium is increased by Rs.250/- per year. The minimum educational qualification is Graduat