JUDGMENT :

S.N. Pathak, J.

Heard the parties.

2. Since the issue involved in the aforesaid cases are identical and as such, they are being disposed of by this common order.

3. The petitioners have approached this Court with the following prayers :-

“(I) For quashing and set aside the impugned order dated 02.12.2016 issued by respondent No.4 [in W.P.(S) No.963 of 2017], impugned order dated 03.11.2016 issued by respondent No.3 [in W.P.(S) No.476 of 2017], impugned order dated 28.07.2016 issued by respondent No.3 [in W.P.(S) No.1386 of 2017], impugned order dated 03.11.2016 issued by the respondent No.4 [in W.P.(S) No.6692 of 2016], impugned order dated 02.12.2016 issued by the respondent No.4 [in W.P.(S) No.917 of 2017], impugned order dated 02.12.2016 issued by the respondent No.4 [in W.P.(S) No.4645 of 2018] and impugned order dated 19.08.2017 issued by the respondent No.4 [in W.P.(S) No.5390 of 2017], whereby and whereunder, the respective petitioners in respective writ petition have been terminated from the services from the post of Assistant Teacher in different districts of State of Jharkhand on the ground that they were Commerce Graduate.

(II) For a direction upon the respective respondents to reinstate the respective petitioners in service with all consequential benefits including back wages for the interregnum period from the date of termination till the date of reinstatement.

(III) For a direction upon the respondents to pay the salary for the period, the petitioners have given their services i.e. from the date of their joining to the date of their termination on respective writ petitions.

4. Sans details, the facts as averred in the writ petitions, in a nutshell is that pursuant to Advertisement No.05/2015, the petitioners in all the writ petitions having the degree in Commerce and duly qualified in TET, applied for the post of the Assistant Teacher in different districts of the State of Jharkhand for class 6 to 8. Thereafter, they appeared in the selection process and on being declared successful in all the events, appointed to the post of Assistant Teacher in different districts in State of Jharkhand. It is further the case of the petitioners that after serving for more than 6 to 8 months, suddenly, petitioners in some cases received show cause notices asking them to explain as to how they have been appointed to the post of Assistant Teacher being Commerce Graduate whereas, in other cases, even show cause notice was not served upon the petitioners. Subsequently, the petitioners have been terminated from the services vide different impugned orders, which are under challenge in these writ petitions, on the ground that they are Commerce Graduate. However, the same is contrary to Rule framed under proviso of Article 309 of the Constitution of India namely Jharkhand Primary School Teacher Appointment Rules, 2012 by the Government of Jharkhand, whereby it is clarified that for appointment of teachers in Class VI to VIII, the minimum eligibility is Graduation similarly, the National Council for Teacher Education (hereinafter referred as NCTE) in exercise of power conferred under Sub-Section (1) of Section 23 of Right of Children to Free and Compulsory Education Act, 2009 laid down the minimum qualifications for persons to be eligible for appointment as teacher dated 23.08.2010, which was amended by Notification dated 29th July, 2011, clearly indicates that for appointment as teacher in Class 6 to 8 only Graduation is required meaning thereby any Graduate irrespective of stream are eligible to appear in recruitment process for appointment as Teacher of Class VI to VIII. Though the petitioners have all the requisite qualifications as per the State Govt. Rules, 2012 as well as that of NCTE and duly appointed by the respondents itself, they have been illegally terminated and also they were not paid salary for the period, during which they have discharged their duties till the date of termination.

Left with no other efficacious, alter