- (1.) By Court Heard learned counsel for the petitioners, learned counsel for the State as well as learned counsel for the Interveners.
(2.) The petitioners are challenging the entire selection process initiated vide advertisement No. 27/2011 dated 26th March, 2011 by which the respondents want to select and appoint about 18,000 primary teachers in Primary Schools run by the State Government.
(3.) The recruitment of the primary school teachers in the State of Jharkhand is regulated by the Jharkhand Primary School Appointment Rules, 2002, which has been framed by exercising the power under Article 309 of the Constitution of India. Rule (8) provides for holding two tests, one Preliminary Test and another Final Test, which are required to be cleared before any appointment on the post of teacher for primary classes i.e., for Class of I to Class V in Government Schools can be given. These Rules were amended time to time, which included the amendment made vide notification dated 26th December, 2006 then vide notification dated 14th August, 2007 and vide notification dated 16th September, 2009. Yet another amendment came vide notification dated 23rd October, 2009 and the petitioner has challenged the validity of Clause (III) of Sub-Rule (Ka) of Rule 8 and also proviso to Clause (VI) of Sub-Rule (Ka) of Rule 8 to the extent whereby it has been provided that obtaining of 35 % marks in the case of general category and 30 % marks in tribal language and regional language in the case of Scheduled Castes and Scheduled Tribes respectively, shall be compulsory to qualify for main examination for Primary School Teachers appointment in the State of Jharkhand. The petitioner also sought relief to declare Rule 8 (Kha) of Jharkhand Primary School Appointment Rules, 2002 as brought by Rule 3 of Jharkhand Primary School (second amendment) Appointment Rule ultra vires and consequently sought the relief of quashing the Advertisement No. 27 of 2011 published on 26th March, 2011.;