IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 153 of 2021 -----

1. Gulab Chand Manjhi, S/o Sri Haradhan Manjhi, R/o village Khetko, P.O, Khetko, P.S. Petarwar, District Bokaro.

2. Laleshwar Mahto, S/o Nemichand Mahto, R/o village Chugnu, P.O. Tirla, P.S. Mahuwatand, District-Bokaro.

3. Mukesh Pandey, S/o Sri Jaynandan Pandey, R/o village Jarkunda, P.O. Konardand, P.S. Gomia, District- Bokaro.

4. Manoj Kumar, S/o Late Jagdish Pandit, R/o village Palmaruwa, P.O. Chandori, P.S. Tishri, District-Giridih

5. Poonam Kumari, D/o Gokul Prasad Mahto, At + P.O. Surhi, P.S Nawadih, District- Bokaro

6. Kailash Kumar Kaushal, S/o Sri Rameshwar Prasad Yadav, R/o village Birhodih, P.O. Roshnatunda, P.S. Nimiyaghat, District- Giridih.

7. Ashish Kumar Dubey, R/o Village Sinduari, P.O. Barishakhi, P.S. Gidhour, District-Chatra.

....Petitioner(s).

Versus

1. State of Jharkhand, through the Principal Secretary, Personnel Administrative Reforms and Rajyabhasha, Govt. of Jharkhand, having its office at Nepal House, P.O. Doranda, P.S. Doranda, District-Ranchi.

2. Principal Secretary, Department of School Education and Literacy, Government of Jharkhand, having its office at Project Bhawan, P.O. and P.S. Doranda, District-Ranchi.

3. Jharkhand Staff Selection Commission through its Secretary, having its office at Chaibagan, Kalinagar, P.O. & P.S. Namkom, District-Ranchi.

4. Controller of Examination, Jharkhand Staff Selection Commission, having its office at Chaibagan Kalinagar, P.O. &

P.S. Namkom, District- Ranchi.

… Respondent(s).

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CORAM : SRI ANANDA SEN, J.

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For the Petitioner(s) : Mr. Rajeev Kumar, Advocate : Mr. Niraj Kumar Singh, Advocate For the Resp-State : Mr. Ayush Deb, AC to G.P.-VI For the Resp.-JSSC : Mr. Sanjoy Piparwall, Advocate Mr. Prince Kumar, Advocate Mr. Rakesh Ranjan, Advocate Mr. Jay Prakash, Advocate …......

O R D E R

Reserved on: 09.02.2026 Pronounced on: 17 /02/2026 Heard, the learned counsel for the parties at length.

2. Though in this writ petition several prayers have been made by the petitioner but while arguing learned counsel for the petitioner submits that he is only confining this writ petition to prayer no. 1(v). He has specifically stated that he is giving up all the other prayers.

3. Prayer No. 1(v) reads as follows :

1(v) For a declaration that notification dated 29.08.2019 annexure-3 issued by Principal Secretary, School Education & Literacy Department, Jharkhand, Ranchi (Respondent No. 2) is ultra-virus of Rule 9(i) of Jharkhand Government Secondary School Teaching and Non-Teaching Staff Appointment and Service Condition Rule, 2015 as also against the spirit of Article 14 and 16 of Constitution of India.

4. The facts of this case in short is that the petitioners were appointed as Primary Teachers in different districts in the year 2015–16. The respondents issued Advertisement No.1/16 for recruitment of Trained Graduate Teachers through a combined competitive examination in terms of Jharkhand Government Secondary School Teaching and Non-Teaching Staff Appointment and Service Conditions Rule, 2015 (in short, the Recruitment Rules). Which was subsequently amended and published on 02.02.2017. As per the Recruitment Rules, 75% posts were meant for direct recruitment and 25% posts were reserved for eligible Primary Teachers (PRTs) who had completed five years of service. At the time of issuance of advertisement, the petitioners had not completed minimum five years of qualifying service in Government Elementary School, so they were not eligible for the 25% PRT quota. Due to delays in the recruitment process, many vacancies under 25% PRT quota remained unfilled for several years. By a letter No.2264 dated 29.08.2019, the respondents decided to fill the unfilled 25% PRT quota posts directly from leftover candidates of the 75% direct recruitment list. It is case of the petitioners that now they completed minimum five years of qualifying service for 25% PRT quota posts. They have filed this writ petition to challenge the decision