Pramath Patnaik, J.

In the accompanied writ application, the petitioners have inter alia, prayed for issuance of writ of certiorari for quashing the decision dated 20.06.2008 vide Annexure-13 to the writ application, whereby the petitioners being vocational teachers, have been debarred and made ineligible for appointment to the post of the Headmaster. Further prayer has been made to hold and declare that the petitioners were eligible for appointment for the post of the Headmaster in consonance with Rule 4 (i) (ii) (a) and (b) of the Jharkhand Rajkiyakrit Secondary Schools Service Condition Rules, 2004.

2. The factual matrix, as has been averred in the writ application, in a nutshell is that the National Policy of Education, 1986 introduced a systematic, well-planned and vigorously implemented programme of Vocational Education and the said policy was implemented in the erstwhile State of Bihar at + 2 level and 25 Vocational courses in the 6 major areas were introduced throughout the State in 148 Schools as per Annexure-1 and 2. Under the Jharkhand Non-Government Secondary School (Taking Over, Management and Control) Act, 2002 (adopted Bihar, 1981 Act). Jharkhand Rajkiyakrit Madhyamik Vidyalaya (Seva Sart Niymawali), 2004 framed and constituted Vidyalaya Seva Board and empowered it to make appointment to the post of the Teachers and the Headmasters vide Annexure-3 to the writ petition. As per the staffing pattern for the Vocational Education, the Directorate of Education, N.C.E.R.T., made a provision for three full time teachers and three Laboratory Assistants for three vocational courses at class 11 and class 12 apart from other faculty of Staffs, peons, LDC etc. The Qualification of the Teachers was also prescribed in which, it was clearly held that status of vocational teachers would be same as that of academic stream and full time teachers should be appointed by the Govt. on regular basis. The Policy further stated that they are to be designated as full time teacher as evident from Annexure-4 to the writ application. The Vidyalaya Seva Board advertised two units of teaching post as per Annexure-5 and the petitioners participated in the selection process as such, the petitioner No. 1 was appointed as Instructor, Mining Geology Vocational Trade and was posted at + 2, National High School, Dumka and working as such from 6th July, 1993, till date. Similarly, the petitioner No. 2 was appointed in the Vocational Trade of Food Preservation and Processing. The Director, Secondary Education issued a letter dated 12.10.1993 vide Annexure-6, whereby Vocational courses were introduced in 40 + 2 High Schools in the first phase and in the second phase, it was introduced in 108 + 2 High Schools. The Jharkhand Academic Council, Ranchi vide letter dated 05.06.2007 also clarified that the students, who have passed Intermediate Vocational Teaching will be treated at par with I.A. students for the purpose of pursuing their studies at the higher level i.e. B.A. etc., as per Annexure-7 to the writ application. The Report of the Vocational Education prepared by the Jharkhand Academic Council, Ranchi clearly mentions that the vocational streams one full time teacher and one full time Lab Asstt. are appointed on regular basis but they have not been designated as per the Govt. of India norms as lecturer and they have been given the nomenclature of Instructor/Lab Asstt., whereas, the teachers working in the General Streams of the school are getting higher pay scale and thus it was recommended that they should also get pay scale at par with the Teachers working in the general streams as per Annexure-8 to the writ application. The Advertisement was issued by the Jharkhand Public Service Commission in short 'JPSC' for 257 posts of Headmaster in accordance with the Jharkhand Rajkiyakrit Madhyamik Vidyalaya, (Seva Sart Niyamawali) 2004. In pursuance to the said advertisement, the petitioners participated and declared successful. The notice of succe