PERMOD KOHLI,J. - (1.) ON account of commonality of facts and law both these petitions are being disposed of by this common order. (W.P.(S) No. 1667 of 2004)
(2.) . Petitioner, in this case, after acquiring Post Graduation Degree and B.Ed applied for selection/appointment for the post of. Assistant Teacher in Government Primary School. Pursuant to the advertisement notice dated 21.4.2003, issued by the Jharkhand Public Service Commission, she was issued admit card and written test was conducted. On 14.11.2003, merit list of successful candidates was issued wherein petitioner was declared successful in Scheduled Tribe category. She was placed in merit position no. 193. On the basis of selection and verification of testimonials petitioner came to be appointed vide order dated 21.12.2003. Her name figures at Sl. No. 35 of the -appointment order. She was posted at the Govt. Primary School, Jaranga, Angara, District -Ranchi. Pursuant to her appointment, she joined the post on 29.12.2003. Petitioner was served with an order dated 17.2.2004 issued by District. Superintendent of Education, Ranchi terminating her services (W.P.(S) No. 1452 of 2004) Petitioner, in this case, is a graduate in Science and also acquired B.Ed qualification. He also applied for selection for the post of Assistant Teacher in response to Jharkhand Public Service Commission's advertisement dated 21.4.2003. On being issued admit card, he participated in the written test conducted by the Commission. He was declared successful in general category with merit position at No. 58. This petitioner was appointed on 21.12.2003 and joined the post on 24.12.2003 at Middle School Mandro, Ormanjhi, District -Ranchi. Petitioner was served with the order dated 28.2.2004 issued by the Area Education Officer, Sadar, Ranchi, whereby his service has been terminated under the orders of District Superintendent of Education, Ranchi vide Memo No. 6 17 dated 17.2.2004. A copy of the order passed by the District Superintendent of Education, Ranchi was also served upon the petitioner.
(3.) SERVICES of both the petitioners have been terminated on the ground that they do not fulfil the requirements as laid down in Rule -2(b) of the Jharkhand Elementary School Appointment. Rules, 2002. It is also mentioned that in the meeting of District Education Establishment Committee held on 16.2.2004 it was decided to terminate the services of illegal appointees with effect from the date of their appointment. Petitioners have challenged the orders of their termination referred to above with a. direction to reinstate them on the posts of Assistant Teacher on the basis of their appointment and allow all consequential benefits.;