ORDER :

This writ petition is for issuance of direction upon the respondent to consider the case of the petitioner for appointment as teacher in terms of the Advertisement No.8/2015 as contained in annexure 5 since, she has secured 76.43 per cent in the teacher eligibility test and secured 10th position after counselling held on 14.09.2015.

2. Mr. Sahani, learned counsel appearing for the petitioner submits that the petitioner has made an application in terms of the advertisement as contained in annexure 5 being Advertisement No.8/2015, by which, the applications have been invited for filling up of the post of teacher for Arts stream and the application is to be submitted along with the relevant documents to be sent through speed-post by 09.07.2015. The petitioner has submitted her application, calling upon to participate in the counselling and thereafter her merit has also been assessed but subsequent thereto, the petitioner’s candidature has not been considered on the ground that the petitioner is having no graduate degree along with the subject of Arts stream rather she is having graduate in commerce. The petitioner contention is that the advertisement although, does not contain any subject related to graduate in commerce but Mr. Sahani by referring to the terms and conditions of the advertisement as contained in Advertisement No.3(ii)(a), by which it is graduate and it is equivalent and 2 years diploma in primary education (whichever it can make an application and therefore since the petitioner is B.Com.). Hence, taking into consideration, this aspect of the matter, the petitioner is found to be graduate although, in commerce, has been considered but subsequent thereto, her candidature has not been considered merely on account of the fact that the petitioner is graduate in commerce, hence according to the learned counsel for the petitioner, the decision of the examining body in not considering the candidature of the petitioner on this ground is contrary to the terms and conditions of the advertisement as contained in Advertisement No.3(ii)(a). He has further submitted by placing the communication issued under the signature of Director Higher Education dated 28.08.2018 addressed to Principal Secretary, School Education and Literacy Department, Government of Jharkhand, Ranchi, wherein, a suggestion has been given by getting the report from the different Universities to treat the Commerce graduate candidates equivalent to graduate in Social Science and therefore, he submits that since the State authorities is also considering to give parity to such candidates having graduate in commerce by treating as graduate in Arts and non-consideration of candidature of petitioner is contrary to the aforesaid decision of the Director.

3. Mr. Sahani, learned counsel for the petitioner has also relied upon the communication made by the Member Secretary, National Council for Teacher Education dated 04.05.2011, wherein also the decision has been taken in the meeting held at Ministry of Human Resource Development Department to include B.Com. graduate in para 1, 2, and 3 of the aforesaid notification to appear in the TET examination and as such, it has been requested to make appropriate changes in the TET related criteria at your end. Mr. Sahani, has also relied upon an order passed by a Coordinate Bench of this Court passed in W.P.(S) No.963 of 2017 along with other analogous cases, wherein, this Court in similar fact and circumstance has sought for instruction from the competent authority regarding their views, as to whether the B.Com graduate candidates can be appointed under the graduate Social Science stream.

4. Mrs. Richa Sanchita, learned S.C.-V and Mr. L.C.N. Shahdeo, learned G.P.-IV have submitted that the petitioner has participated in terms of an advertisement containing certain terms and conditions to consider her candidature to be appointed as Primary Teacher in Social Science stream. It has been submitted that there is specific terms