- (1.) A petition at flag 'L' (I.A. No. 1278 of 2005) has been preferred for condoning the delay of thirty nine days in preferring the instant appeal.
(2.) HAVING heard counsel for the parties and being satisfied with the grounds shown therein, the delay of thirty nine days is condoned. I.A. No. 1278 of 2005 islands disposed of L.P.A. No. 115 of 2004
(3.) THE appellants - writ petitioners, who hold the qualification of physical educational training applied for appointment to the post of trained teachers in Primary School in pursuance of the advertisement published by the Jharkhand Public Service Commission (hereinafter to be referred as J.P.S.C.) on 24th August 2002. Though they completed in the written test, but having not been appointed preferred writ petition. The learned Single Judge dismissed the writ petition on the ground that physical trained teachers cannot be appointed on the post of Primary teachers on the other hand those, who possessed qualification of trained teacher i.e. B. Ed./Dip -in -teach, are entitled for appointment. Similar issue fell for consideration before a Division Bench of this Court in L.P.A. No. 161 of 2004 (Ashok Kumar Dangi and Ors. v. State of Jharkhand and Ors.) and analogous cases, disposed of on 23rd December 2005. That was also a case preferred by the physical trained teachers, who having not been given appointment in pursuance of the advertisement in question. Wherein similar stand was taken by the respondents that the appellants - writ petitioners being physical trained and as they did not possess the qualification of B. Ed./Dip -in -teach, are not eligible for appointment as trained teachers. The Division Bench of this Court by judgment dated 23rd December 2005 held as follows: 12. In view of the above discussions, we come to the following conclusion. (i) The Government of Jharkhand till date has got no definite Scheme / policy regarding number / ratio of the posts of physical trained teachers. (ii) There is no different cadre for such physical trained teachers in the Primary Schools, (iii) No separate posts were /are created either by the then Purified State of Bihar or by the newly reorganized State of Jharkhand. (iv) The then State of Bihar had issued a Scheme /policy decision for appointment of physical trained teachers to the extent of 5% of the existing vacancies of the Primary teachers. (v) That as is evident from a decision taken with respect to the appointment of physical trained teachers in the middle schools issued by letter No. 885 dated 29th November 1980, each schools were to be provided with a physical trained teacher. (vi) The said policy decision of the unified State of Bihar has not been modified nor any other policy decision has been taken by the State of Jharkhand 13. In the facts and circumstances of the case and in view of the aforesaid consideration, we intend to pass the following orders: (i) For the present the respondents shall make appointment of physical trained teachers at least on the 5% posts of the total vacancies of the primary teachers and the J.P.S.C. shall publish the pending results of such candidates whose results have not been published as yet without any further delay to the extent of the said number of vacancies within a period of one month from the date of receipt / production of a copy of this order/judgment. (ii) The State -respondents may come with a clear policy decision regarding the appointment against future vacancies and the cadre of physical trained teachers in the schools and their promotional avenue or any such allied matter. (iii) Since there is no separate cadre for the present and admittedly the physical trained teachers come within the cadre of primary school teachers, it is held that the appellants and others, who possessed the eligibility, as required for appointments of physical trained teaches, are entitled for appointments as primary trained teachers and they are entitled to be considered for appointments to the extent of 5% of the total existing vacancies and to the extent of the reserved posts. (iv) The physical trained candidates, who do not possess B.Ed./Dip. in Ed./Dip. in Teach. Or other equivalent primary teachers' training course certificate, have no right to put their claim for appointment against the posts, which are meant for general subjects primary teachers and their rights will be confined to the percentage of the ratio of the posts meant for them. However, after a fresh appointment as physical trained teachers, they may be treated as any other primary school teachers for the purpose of assignment of classes or for disciplinary conduct. ;