- (1.) THE instant interlocutory application has been preferred on behalf of the petitioners for early hearing of the case. Since pleadings are complete and counsel for the rival parties are present, the case is being heard and disposed of. Heard counsel for the parties.
(2.) IT is the contention of the petitioners that they are entitled for appointment as Assistant Teachers under the advertisement issued in the year 2002 by the Jharkhand Public Service Commission for appointment to the post of Assistant Teacher in Government schools in Jharkhand. The sole issue raised in the instant writ application on behalf of the petitioners, which needs to be addressed, is in relation to their claim that though, they had completed their teachers' training course earlier to the cut off date of the application i.e. 30th September 2002, but they were denied appointment on the grounds that they had not obtained the relevant certificates for passing the teachers training examination on the date on which appointments were made in the year 2003. It is the contention of the petitioners that in similar circumstances, issue had cropped up in the case of similarly situated persons and the matter was decided by learned Full Bench of this Court in the case of Md. Sajjad Ali & others vs. The State of Jharkhand & others in WPS No. 4259/2005 and other analogous cases, reported in 2008(4) JLJR 184. In identical circumstances, the learned Full Bench of this Court held that if the candidates had obtained teachers training by the cut off date, they were entitled for appointment to the said posts. Interpretation of Rule 2(Kha) of Jharkhand Primary Teachers' Appointment rules, 2002 were made by the learned Full Bench. In such circumstances, it was held that the word 'obtained' is being used instead of 'trained' in the relevant provisions of Rule 2(Kha). It is however not in dispute that these petitioners have obtained the requisite degree of teachers' training course in the year 2007 i.e. much after the date of appointment under the said advertisement of such selected candidates.
(3.) COUNSEL for the respondent State as well as JPSC disputed the submission of the petitioners based upon the judgment of the Full Bench in the case of Md. Sajjad Ali & others (Supra) by stating that these petitioners had not passed the teachers' training examination before appointment letters were issued. In the said case, such petitioners had passed the teachers' training course before the date of issuance of appointment letters. In such circumstances, they were directed to be appointed on the ground that they had obtained teachers' training qualification by the cut off date for making application for appointment to such post.;