- (1.) In the writ petition main challenge by the petitioner is to Rule 5 (V) under Chapter 2 and Rule 14 under Chapter 3 of the Jharkhand Primary School Teacher Appointment Rule, 2012 on the ground that the aforesaid Rules are ultravires the Constitution of India. The relevant and material provisions of 2012 Rules are extracted below: (V) A candidate must obtain minimum 60 percent marks for qualifying in the examination. However, for the candidates belonging to Schedule Caste/Tribe, Backward Caste and Handicapped categories minimum qualifying marks shall be 52 percent. 14. 50 percent posts for direct recruitment of Inter Trained Teacher and Graduate Trained Teacher shall be reserved for para teachers who are in continuous service for 2 (two) years under Sarva Shiksha Abhiyan. This reservation shall be horizontal i.e., this reservation is applied only under the fixed quota for each category (S.C, S.T, Other Backward caste and General). In case, required number of para teachers do not qualify then these vacancies shall be filled up from other qualified candidates according to the reservation quota.
(2.) Heard the learned counsel for the parties and perused the documents on record.
(3.) Contending that the Teacher Eligibility Test is not part of the recruitment process and it is only a screening test to ensure the basic standard of eligibility of the candidates, relaxation for SC/ST, backward caste and handicapped candidates in the minimum qualifying marks cannot be sanctioned in law, the learned counsel for the petitioner submits that Rule 5 () violates the mandate of Article 14, 16 and 335 of the Constitution of India.;