D.N. Patel, J.

1. These Letters Patent Appeals have been preferred by the original respondents-State of Jharkhand being aggrieved and feeling dissatisfied by the judgment and order delivered by the learned Single Judge in W.P. (S)No.7885 of 2013, W.P.(S) No. 7122 of 2013, W.P.(S) No.7880 of 2013 and W.P.(S)No.576 of 2014 whereby, the learned Single Judge has allowed the writ petitions preferred by the private respondents (original petitioners) and the cutoff date prescribed by the State of Jharkhand which is 1st August, 2013 for applications invited for the post of Primary Teachers has been changed and the learned Single Judge has re-fixed the said cutoff date as 1st July, 2011 and thereby made the original petitioners, more eligible than what they were under the advertisement issued by the Government of Jharkhand in the month of November, 2013 and hence, the State of Jharkhand has preferred these Letters Patent Appeals.

2. Factual Matrix

Earlier a public advertisement was issued bearing no. 27/2011 on 26th March, 2011 for the post of Primary Teachers in the schools at State of Jharkhand. This advertisement is at Annexure4 to the memo of this Letters Patent Appeal (For reference of Annexures L.P.A. No. 429 of 2014 is considered to maintain the consistency in Annexure numbers).

As per the aforesaid public advertisement the cutoff date, so far as, calculation of age is concerned of the candidates who are preferring applications was prescribed as 1st July, 2011.

On several grounds this public advertisement and the circulars for appointment of Primary Teachers were under Challenge in W.P.(S) No. 3099 of 2011 which was decided by the Division Bench of this Court vide order dated 22nd November, 2011. This judgment is reported as 2011(4) JLJR 387. This judgment is at Annexure8 series to the memo of L.P.A. No. 429 of 2014).

By virtue of the aforesaid decision, the public Advertisement no. 27/2011 dated 26th March, 2011 was quashed and the selection process was also quashed and the matter had went upto the Hon'ble Supreme Court and the S.L.P. preferred by the State was also dismissed.

It further appears from the facts of the case that fresh mind was applied by the State of Jharkhand and later on in the year, 2012 Jharkhand Primary School Teachers Recruitment Rules, 2012 (hereinafter referred to as “the Act, 2012” for the sake of brevity) were enacted in pursuance of which Teachers Eligibility Test (TET) was also to be undertaken and cleared by the candidates.

This Teachers Eligibility Test (hereinafter referred to as “TET” for the sake of brevity) was advertised in the year 2012. The candidates applied for the same and the result of this TET Examination declared in the year, 2013.

Thereafter fresh advertisement for the post of Primary Teachers was given-District wise, in November, 2013 for 18000 Primary Teachers. Cutoff date prescribed for the calculation of the age of the applicants was 1st August, 2013.

The maximum age prescribed for the candidates is as under:

Thus, as per Rule 13 of the Rules, 2012 one time age relaxation was given as 5 years for all the aforesaid categories of candidates.

The Primary Teachers were selected and now appointment and they are 13000 in numbers approximately.

2nd TET was also advertised and conducted in the month of November, 2016 and result was published in 2017.

Private respondents (original petitioners) challenged the cutoff date pres