The exclusion of two-year B.Ed. holders from recruitment is arbitrary; advertised minimum qualifications must include all eligible candidates, consistent with NCTE regulations.

JUDGMENT :

DEEPAK ROSHAN, J

1. Heard learned counsels for the parties.

2. The instant writ application has been preferred by the petitioners praying therein for the following reliefs:

i. For a writ of mandamus directing the Respondents, including the Jharkhand Staff Selection Commission, to consider the candidature of the petitioners for the post of Sahayak Acharya (Class 6 to 8) as they have participated in the recruitment process and appeared at the written examination which was conducted by the respondents JSSC on the basis of Advertisement No. 13/2023, read with Amendment Notification dated 29.01.2024 and Corrigendum Notice dated 15.02.2024 considering the fact that the petitioners are very much fulfilling the amended eligibility criteria of Jharkhand Primary School Sahayak Acharya (Assistant Teacher Cadre) (Third Amendment) Rules, 2024 and they are fully qualified JTET and are not in any manner falling in debarred category of CTET and STET candidates who stand non eligible on the basis of the verdict of the Hon'ble Apex Court in S.L.P. (Civil) No. 4194/2024 and the petitioners also pray for appropriate directions upon the respondents to declare their results and proceed with their appointment as per merit.

ii. In the interim the respondents JSSC may be directed to stay the appointment process till the disposal of the instant writ petition or reserve 70 seats for the writ petitioners subject to outcome of the writ petition.

3. The brief facts of the as per the pleadings are that the State of Jharkhand, in exercise of powers conferred under Article 309 of the Constitution of India, notified the Jharkhand Primary School Sahayak Acharya (Assistant Teacher Cadre) Rules, 2022 to regulate appointments of Assistant Teachers for classes 1 to 5 and 6 to 8 in Government schools. The said Rules were amended twice thereafter. The Petitioners are holders of a two-year B.Ed. degree and possess valid JTET certificates issued by the Jharkhand Academic Council.

Since the State of Jharkhand has not conducted JTET after 2016, candidates, who completed teacher training thereafter, approached this Court through various writ petitions, seeking a direction to either conduct a fresh JTET or permit CTЕТ-qualified candidates to apply under Advertisement No. 13/2023 for the post of Sahayak Acharya.

During the pendency of the writ petitions, the Respondent Jharkhand State Selection Commission (hereinafter to be referred as JSSC) published Advertisement No.13/2023 (Annexure-1) inviting applications for “Jharkhand Primary Teachers Combined Competitive Examination, 2023” for26001 vacancies in the State Government schools.

Pursuant to the said advertisement, the Petitioners, while applying for the post of Sahayak Acharya (Class 6 to 8), noticed a discrepancy regarding recognition of the two-year B.Ed. course. Though, the advertisement omitted mention of such qualification, the online portal included “two-year B.Ed.” in its drop-down menu of qualifications, creating an expectation and prompting some petitioners to proceed by selecting the available option best matching their credentials.

4. Prior recruitment, notifications issued by the JSSC had expressly recognized the two-year B.Ed. programme as an eligible qualification, thereby reinforcing the expectation of candidates that the portal’s display was a typographical error. However, after a few days, the JSSC abruptly removed the “two-year B.Ed.” option from the edu