M.Y.EQBAL, J. - (1.) HEARD learned counsel for the parties.
(2.) SINCE , in these two writ applications, common question of law and facts are involved, the same are being heard together and disposed of by this common judgment. First of all, I will take up WPS No. 5220 of 2005. In this case, the petitioner is posted as Assistant Teacher in Primary School in the district of Lohardaga and he joined as such on 27.8.2000. In the year 2005, an advertisement was issued by respondent No. 3 under the direction of respondent No. 2, the Secretary, Higher Education, Govt. of Jharkhand being Advertisement No. 4 of 2005, which was published in the newspaper on 26.8.2005 by respondent No. 3, the Public Service Commission for appointment of teachers in secondary schools. As per the Advertisement, all persons who completed five years teaching experience as on 1.1.2005 were eligible to apply for the said post. The petitioners case is that because of the condition of live years experience put in the advertisement, he was deprived from appearing in the competition and only a limited number of teachers of few districts were eligible to appear in the competitive examination. Petitioners grievance is that such condition of putting an arbitrary cutoff date in the advertisement is wholly arbitrary and discriminatory.
(3.) IN the counter -affidavit filed by respondent Nos. 3 and 4, it is stated that Jharkhand Public Service Commission (in short the Commission) on the basis of the requisition given by the Director. Secondary Education, - Govt. of Jharkhand. The respondents case Is that according to Jharkhand Rajkiyakrit Madhyamik Vidyalaya Niyamavali, 2004, for appointment on the post of teacher in Secondary Schools, a candidate must have five -years teaching experience. The said period of experience fixed in the aforementioned rule has been reduced to 4 -1/2 years by amendment made in the said Rule by the State Government vide notification dated 13.9.2005. It is contended that the petitioner is not eligible for the present examination because his date of joining as Assistant Teacher in the Primary School is 27.8.2000.;