JUDGMENT :

S.N. PATHAK, J.

1. The petitioners have approached this Court for quashing of Memo No. 2473 dated 01.07.2016 on the basis of which the appointment of the petitioner to the post of Assistant Teacher in Minority Middle School has been cancelled and resolutions regarding pay fixation of the petitioners have been taken back. It has been further prayed for directing the Respondents to accord approval to Memo No. 3583 dated 17.12.2015.

2. As per factual matrix, an advertisement was published in daily local newspapers on 13.07.2014 and 14.07.2014 for appointment to the post of Assistant Teacher in Minority Middle School and as per the Advertisement, only Intermediate trained and J.T.E.T. pass or C.T.E.T. pass candidates were eligible to apply for the post. Pursuant to the said advertisement, the petitioners being eligible for appointment to the advertised post, applied for the same. After following all due procedures of appointment, the petitioners were selected by the Appointment Committee to the post of Assistant Teachers and further their names were sent for approval by the competent authorities of the State Govt. Meanwhile appointment letters were issued to the petitioner No. 1 and 2 vide memo No. 9/2015 and memo no. 10/2015 dated 6.2.2015 respectively by the respondent No. 5. However, approval of name of petitioners was not granted by the D.S.E. Ranchi and vide letter No. 2831 dated 11.09.2015 it was informed to the Secretary of the School that the approval of the appointments of the petitioners cannot be made and accordingly it was directed to terminate the services of the petitioners. Aggrieved thereto the petitioners have moved this Court for quashing of memo No. 2473 dated 01.07.2016.

3. At the very outset, Mr. L.C.N. Shahedeo, learned Counsel for the petitioners submits that for appointment of teachers in a Minority Middle School, requirements of passing of Teacher Eligibility Test as enumerated in the Notification No. 1632 dated 05.09.2012 issued by the State of Jharkhand has already been done away with in the light of the order of the Hon’ble Supreme Court. The instant matter is squarely covered by the judicial pronouncements and as such the respondent-authorities are duty bound to extend the similar benefits to the present petitioners also. The petitioners cannot be denied appointment on the ground that they hold eligibility for Graduate trained teachers.

4. Learned Counsel further submits that after the approval of the appointment of the petitioners to the post of Assistant Teacher, the respondent No. 5 vide letter No. 21/2016 dated 11.03.2016 sought approval from the Director Primary Education, State of Jharkhand for granting the benefits of 6th pay scale revision. Prayer made in the writ petition is accordingly fit to be allowed.

5. Per contra counter-affidavit has been filed.

6. Learned Counsel for the respondents vehemently opposing the contention of the learned Counsel for the petitioners submits that the petitioner No. 1 and the petitioner No. 2 have passed the JTET examination in Bhojpuri and Angika regional language papers respectively and that these two languages are not recognized regional language paper in the District of Ranchi for appointment of teachers. Further, the petitioners are holding eligibility for appointment to class 6 to 8 whereas vacancy was for appointment in elementary school for class 1 to 5 in the District of Ranchi and for appointment, a candidate is required to pass Kudukh, Khadia or Mundari as tribal language and Nagpuri, Panchpargania, Kurmali or Bangla under regional language which is given at Annexure-1 to Jharkhand Elementary School Teacher’s Appointment Rules, 2012.

7. It is further submitted that requirement of passing J.T.E.T. or C.T.E.T. was relaxed for the period from 23.08.2010 to 04.09.2012 only as at that time teacher’s appointment Rule 2012 was not in existence and from the date of notification dated 05.09.2012, a candidate is required to pass J.T.E.T. or C.T.E.T. for app