The main legal point established is that the qualifications of the petitioners, as per the Gazette Notification, aligned with the advertisement's requirements for the Trained Graduate Teacher positions.

JUDGMENT :

Since similar issue is involved in all these writ petitions, the same are taken up together with the consent of learned counsel for the parties.

2. W.P.(S) No. 2466 of 2023 has been filed for issuance of direction upon the respondents to consider the case of the petitioner for appointment on the post of Trained Graduate Teacher, subject-Physical Education, pursuant to Advertisement No. 21/2016 (Combined Graduate Trained Teacher Competitive Examination, 2016) [hereinafter referred to as the Examination, 2016].

3. W.P.(S) No. 5104 of 2023 has been filed for issuance of direction upon the respondents to consider the case of the petitioner for appointment on the post of Trained Graduate Teacher, subject-Physical Education, pursuant to the aforesaid advertisement. Further prayer has been made for quashing the show cause notice as contained in memo No. 2778 R dated 05.03.2019 (Annexure-5 to the present writ petition) issued under the signature of the respondent No.5.

4. W.P.(S) No. 2565 of 2023 has been filed for issuance of direction upon the respondents to consider the case of the petitioner for appointment on the post of Trained Graduate Teacher, subject-Physical Education, pursuant to the aforesaid advertisement. Further prayer has been made for quashing the show cause notice as contained in memo No. 1504 dated 15.12.2022 (Annexure-6 to the present writ petition) issued under the signature of the respondent No.5.

5. Learned counsel for the petitioners submits that the petitioners had applied seeking appointment to the post of Trained Graduate Teachers pursuant to Advertisement No. 21/2016 for the subject-Physical Education. They had appeared in the written examination and on being shortlisted, were called for counselling for verification of the documents. However, at the said stage, the petitioners of W.P.(S) No. 5104 of 2023 and W.P.(S) No. 2565 of 2023 were issued show cause notices stating that they did not have the requisite qualification as their Degrees of Bachelor of Computer Application (BCA)/ Bachelor of Business Administration (BBA) did not come under the Arts/Science/Commerce stream as per the said advertisement.

6. It is further submitted that the petitioner of W.P.(S) No. 2466 of 2023 has obtained the Degree of ‘BBA’ from Punjab Technical University, Jalandhar (academic year 2008-11) which is recognized by the UGC. The petitioner of W.P.(S) No. 5104 of 2023 has obtained the Degree of ‘BCA’ from Indira Gandhi National Open University, New Delhi in the year 2005 which is also recognised by the UGC. The petitioner of W.P.(S) No. 2565 of 2023 has obtained the Degree of ‘BBA’ from Annamalai University, Annamalainagar, Tamilnadu (academic year 2008-11) which is also recognized by the UGC. In addition to those Degrees, they have also obtained the Bachelor Degree in Physical Education from different Universities.

7. Learned counsel for the petitioners also submits that after issuance of show cause notices to the petitioners of W.P.(S) No. 5104 of 2023 and W.P.(S) No. 2565 of 2023, they duly replied the same explaining inter alia that they were possessing the requisite qualification in terms with the said advertisement and their respective Bachelor Degrees were under the Science/Commerce stream and hence there was no justification in issuing the impugned show cause notices on the ground that they did not possess the required qualification as per the said advertisement.

8. So far as the petitioner of W.P.(S) No. 2466 of 2023 is concerned, though no specific show cause notice was issued to her in this regard, however, she was verbally told by the official of the Jharkhand Staff Selection Commission (JSSC) that her Degree of ‘BBA’ did not come under Arts/Science/Commerce stream as per the said advertisement. Subsequently, the said petitioner also submitted her representation before the JSSC, however, no final decision was taken either by the State authorities or the JSSC in that regard.

9. At this juncture, learned counsel fo