PRAMATH PATNAIK,J. - (1.) Since common issues are involved in these writ applications, therefore, they are being heard together and are decided by this common order/judgment.
(2.) Essentially, the petitioners, who were working as para-teachers in different schools of the State of Jharkhand, have, inter alia, prayed for issuance of a direction commanding upon the respondents to allow them to appear in the Counselling Process for the selection of Inter-trained Teachers in the Government Primary Schools.
(3.) The brief facts, as averred in the writ applications, are that the petitioners are all working as para-teachers in different Government Schools under the respondents. Initially, at the time of their joining, they did not have the teachers training certificate. The State Government in order to grant an opportunity of excellence in academics, permitted the employed para-teachers to acquire teachers training certificates from Indira Gandhi National Open University (IGNOU), New Delhi and the petitioners have acquired the certificate in Diploma in Primary Education (DPE) from IGNOU. It is submitted that as per the Advertisement No. 5/2015, dated 07.07.2015, 50 per cent vacancies are earmarked for para-teachers and 50 per cent are fixed for non-para teachers category. It is further submitted that there is no condition in the Advertisement which prevents a para-teacher from making any application for appointment to the post of Inter trained teachers against the vacancies meant for non-para teacher category. Pursuant to the advertisement, the petitioners applied for the same under non-para teacher category for the districts of Giridih, Bokaro and other districts. All of them qualified in the process of selection and their names were reflected in 05th and 06th merit list issued by the District Education Establishment Committee, Giridih and Bokaro. It has further been submitted that the petitioners appeared before the counselling body as per the scheduled date i.e. 12.11.2015 and 30.11.2015 for counselling for the 05th and 06th merit list respectively but they were deprived and prevented from counselling on the ground that they are para-teachers. Petitioner nos. 3 to 5 in W.P. (S) No. 6031 of 2015, whose names find mention in the 06th merit list in the District of Bokaro appeared before the counselling body, but, for the reason aforesaid, the petitioners were denied counselling by the concerned authorities. It has further been submitted that as per the relevant Rules of recruitment and the concerned advertisement, it is nowhere provided that an applicant being a para-teacher, but applied under non-para teacher category, shall not be considered for appointment under non-para teacher category.;