ORDER :

1. Heard Mr. Anil Kumar, learned Sr. Counsel appearing on behalf of the petitioner and Mr. Devesh Krishna, learned SC (Mines-Ill).

2. Instant writ petition has been filed by the petitioner for a direction upon the respondents to consider his case for appointment to the post of Graduate Trained Teacher (Language) as also for quashing the order dated 23.01.2016, issued by the District Establishment Committee, whereby candidature of the petitioner to the post of Assistant Teacher (Language) has been cancelled on the ground that he is not eligible for the post.

3. Case of the petitioner in brief is that pursuant to the letter no. 1192, dated 02.06.2015, the Secretary to the Government, Department of Human Resources Development, issued a direction to all the Deputy Commissioners for direct recruitment to the post of Graduate Trained Teacher in all government Middle Schools in which it was mentioned that 50% of the total posts will be filled up as per the Rules of Jharkhand Primary School Teachers' Appointment Rules, 2013 and the remaining 50% of the posts by way of promotion. Thereafter, Advertisement No. 3/2015 was issued for appointment against the post of Graduate Trained Teachers. The respondent no. 2, vide letter no. 1530, dated 03.07.2015, made a communication to all the Deputy Commissioners of the districts that seven years' relaxation in age has to be given for appointment to the said post. Thereafter, Advertisement No. 4/2015 was issued for appointment to the post of Graduate Trained Teacher and last date for submission of forms RC through speed post/ registered post was fixed as 05.08.2015. Petitioner also submitted his application and qualified for the post of Language Teacher for the district of Lohardaga and a 5th provisional merit list of Lohardaga was published in which his name found place at serial no. 55. Thereafter, 6th and 7th merit list was also published. Case of the petitioner is that the persons whose name found place at serial nos. 57 and 61 in 5th merit list, were selected by the respondent authorities in the 7th counseling but the petitioner has not been selected in the 7th counseling though his name has been shown at serial no. 55 in the 5th merit list. Petitioner also represented before the Deputy Commissioner as well as the District Superintendent of Education, Lohardaga but no heed has been paid by them. Thereafter, the respondents in its meeting dated 23.01.2016 of the District Establishment Committee decided that claim of the petitioner to the post of Assistant Teacher (Language) is not made out and, according, his application has been rejected. Respondents have taken a view that since the petitioner has passed B.A. (Hons.) in History, his claim for appointment to the post of language teacher is not maintainable.

4. It is case of the petitioner that the Secretary, Department of Human Resource Department (Primary Education Directorate), vide its letter no. 1192, dated 02.06.2015, directed all Deputy Commissioners for appointment of Assistant Teachers, wherein at paragraph-6 eligibility regarding educational qualification has been mentioned. It has been provided that the candidates who have passed the Graduation examination with language as a subject and fulfill other conditions as stipulated in the Jharkhand Primary School Teacher Appointment Rule, 2012 (as amended) shall be eligible for appointment to the post of Assistant Teacher (Language). Same and similar condition has been mentioned in para 5(Ga) of the advertisement. In the 2012 Rules also, the educational qualification for appointment is only graduate and there is no specific condition that the candidate must be graduate with Honours in the language paper. It is specific case of the petitioner that the respondents cannot add the eligibility criteria which has not been provided in the advertisement or in the Rule of 2012 and such addition of qualification is illegal and without jurisdiction and as such, the writ petition is fit to be allow