PRAMATH PATNAIK,J. - (1.) In the accompanied writ application, the petitioners have inter -alia prayed for quashing the order under Annexures 11 and 12 series pertaining to termination from services.
(2.) The facts as disclosed in the writ application, in a nutshell, is that an advertisement was issued in August, 2002 for recruitment of Primary Teachers and the qualification prescribed under the said advertisement was: - (i) An applicant must be citizen of India. (ii) Matric or its equivalent examination passed. (iii) It would be 2 years training course or B.Ed/Dip - in Ed./Dip -in -Teach or C.P.D. The petitioners in response to the said advertisement submitted their applications. Accordingly, the admit cards was issued and the petitioners have appeared in the examination and result was published by Jharkhand Public Service Commission and all the petitioners got qualified in the said examination. In pursuance to the selection the petitioners were given provisional appointment letters indicating place of posting. Accordingly, the petitioner no. 1 was posted in Madhya Vidyalaya, Sonadhuni Littipara west, whereas the petitioner no.2 was posted in Middle School, Surajbera, Littipara, East and the petitioner no.3 was posted in Primary School, Saunthia, Littipara, West and the petitioners joined in the said post. After joining, the service book of the petitioners was opened. But to the utter surprise to the petitioners, the respondent no.4 issued show cause as to why the services would not be terminated as they have not obtained two years Teachers' Training on B.Ed/Dip -in Ed/Dip -in -teach/C.P.D and the petitioners submitted their show cause along with the certificates and documents. Without considering the show cause filed by the petitioners in right prospective respondent no.4 issued order of termination of the petitioners on the ground that petitioners do not possess qualification as per advertisement vide Annexure -11 series and in pursuance thereof the respondent no.4 issued order reliving the petitioners from the post they were holding vide Annexure -12 series. Being aggrieved by the aforesaid orders of termination and reliving orders, the petitioners left with no other alternative efficacious and speedy remedy, have approached this Court invoking extra -ordinary jurisdiction under Article 226 of the Constitution of India for redressal of their grievances.
(3.) Learned counsel for the petitioners has vehemently submitted that the impugned orders passed by the respondents vide Annexures -11 and 12 suffer from non -application of mind. Since, the respondents were oblivious of the fact that mark -sheet submitted by the petitioners to the authorities does indicate that the Jharkhand Secondary Examination Board, Ranchi after conducting the examination and the petitioners having appeared in the said examination obtained Dip -in -Teach training. Learned counsel for the petitioner further submits that before the creation of Jharkhand erstwhile State of Bihar issued order on 24.10.1994 which interalia clarified that the terminology 'trained' means: (i) 2 years teachers training. (ii) B.Ed/Dip -in -Ed. (iii) In service 1 year training. As per the aforesaid order vide Annexure -16 diploma in teaching is one year course is meant for those who are in service. Learned counsel further submits that by misconstruing the advertisement the services of the petitioners have been illegally terminated being violative of Articles 14, 16 and 311 of the Constitution of India.;