JUDGMENT :

Dr. S.N. Pathak, J.

1. Since in all these writ petitions, common issue for issuing the final result/appointment letter on the post Trained Graduate Teacher in non-scheduled districts of Jharkhand, pursuant to Advertisement No. 21/2016 is involved, they are heard together and are being disposed of this common order.

2. Heard the parties.

Prayers

3. In W.P.(S) No. 5700 of 2018 & W.P.(S) No. 3816 of 2019, similar prayer has been sought for a direction upon the respondents to consider the case of the petitioners for appointments on the post of Trained Graduate Teacher, pursuant to Advertisement No. 21/2016, against the vacant seats of 25% of the vacancies reserved for Primary School Teachers in terms of Rule 9 (i) of the Jharkhand Government High School and Teaching Staff Appointment and Service Conditions Rules, 2015.

4. In W.P.(S) No. 2715 of 2019, the petitioner has challenged the Notice No. 3462 dated 17.5.2019 (Annexure-10), whereby the candidature of the petitioner for appointment on the post of Trained Graduate Teacher in subject Physical Education has been rejected on the ground that the petitioner has not produced the required educational certificate. After quashment of the Notice, the petitioner has further prayed for a direction upon the respondents to consider his case for appointment on the post of Trained Graduate Teacher, pursuant to Advertisement No. 21/2016, as he had obtained the Graduation degree in Bachelor of Computer Application from a recognised Institute.

5. In W.P.(S) No. 132 of 2021, petitioners have sought for a direction upon the respondent Jharkhand Staff Selection Commission to recommend their names for appointment on the post of Trained Graduate Teacher (TGT), in subject Music, pursuant to Advertisement No. 21/2016 and consequently to issue appointment letters to the petitioners.

6. In W.P.(S) No. 1887 of 2021 and W.P.(S) No. 1011 of 2021, petitioners have sought for a direction upon the respondents, in particular respondent-State to issue appointment letters on the post of Trained Graduate Teachers in subject Sanskrit, as their names find place in the final merit list and have been already recommended by Jharkhand Staff Selection Commission.

Factual Matrix in W.P.(S) No. 5700 of 2018 & 3816 of 2019

7. Brief facts as delineated in W.P.(S) No. 5700 of 2018 are that the State of Jharkhand, under the proviso to Article 309 of the Constitution of India, framed ‘Jharkhand Government High School Teacher and Teaching Staff Appointment and Service Conditions Rules, 2015’ (hereinafter referred to as ‘the Said Rules,2015’). Rule 9 (i) thereof provides that in case, 25% seats are not filled up by eligible Govt. Primary School Teacher, having five years of experience, the same shall be filled up from direct appointment.

8. The State of Jharkhand issued the notification and order, bearing Notification No. 5938 and Order No. 5939 dated 14.7.2016, whereby it has been provided inter alia that in the 13 scheduled districts of the State i.e. the districts of Sahebganj, Pakur, Dumka, Jamtara, Latehar, Ranchi, Khunti, Gumla, Lohardaga, Simdega, East Singhbhu, West Singhbhum and Seraikella-Kharsawan, only the local residents of the concerned scheduled districts shall be eligible for appointment on the District Cadre Class-III and Class-IV posts for a period of ten years from the date of issuance of notification.

9. Thereafter, strictly in terms of the aforesaid Rules, 2015, the Jharkhand Staff Selection Commission published district-wise vacancies, being Advertisement No. 21/2016, captioned as ‘Combined Trained Graduate Teacher Competitive Examination-2016’, for appointment of Trained Graduate Teachers in different subjects. In paragraph 5(iii) of the Advertisement, it has been stated that so far as vacancies in the scheduled districts of the State are concerned, only the local residents of those scheduled districts shall be eligible to apply.

10. The petitioners being eligible in all respects applied for the said