ORDER
M.Y. Eqbal, J.
1. Heard Mr. R. Krishna, learned counsel appearing for the petitioners and Mr. M. Prasad, learned senior counsel appearing for the State.
2. In this writ petition, petitioners have challenged the order dated 26.8.2004 passed by the concerned respondent in compliance of the direction of this Court in W.R (S) No. 3011/04.
3. Petitioners are the members of Backward Class, Petitioner No. 1 is by caste ‘Tell’ and Petitioner No. 2 is by caste ‘Kushwaha (Koyari)’. Both the caste come under ‘Backward Class Annexure-II’.
4. Pursuant to the advertisement dated 28.8.2002 for appointment on the post of Primary Teachers, petitioners applied for the said post and submitted Caste Certificate issued in the year 1991/1994 by the then authorities of the united State of Bihar. Petitioners’ applications were processed and they were allowed to appear in the written test. Their result was declared and they were found successful and petitioners were directed to file Caste Certificates issued by the Officers of the State of Jharkhand. Petitioners submitted Certificates issued by the Block Development Officer and the Sub-Divisional Officer of the concerned district within the State of Jharkhand who are the competent authorities. When the petitioners were not given letters of appointment, they filed a writ petition being WP (S) No. 3011 of 2004. This Court disposed of the writ petition on 28.6.2004 by passing the following order :-
“Heard the parties.-The grievance of the petitioners is that although they fulfilled all the criteria for appointment on the post of Primary Teachers but the respondents are not issuing appointment letters on the ground that benefit of reservation will not be given to the petitioners. The petitioners are claiming to be the members of OBC category, the petitioners being ‘Tell’ and ‘Koiri’ respectively and to that effect they have produced the certificates issued by the Sub-Divisional Officer.
Without going into the merits of the case, the petitioners are directed to approach the concerned authority who shall decide the claim of the petitioners in the light of the certificates and also take into consideration the Jharkhand Reservation of Vacancies in Posts and Services (SC, ST and OBC) Act, 2001. Such decision shall be taken within a period of four weeks from the date of receipt/ production of a copy of this order.
Needless to say that if the petitioners fulfil all the criteria then letters of appointment shall be issued within two weeks thereafter.”
5. In compliance of the aforesaid direction, the claims of the petitioners were considered by the District Superintendent of Education. The District Superintendent of Education referred the letter issued by the Personnel, Administrative Reforms and Rajbhasa Department, Government of Jharkhand being letter No. 7072 dated 30.12.2003 wherein it was provided, inter alia, that benefit or reservation shall be given only to those candidates who obtained Caste Certificate from the competent authorities of the State of Jharkhand.
6. Admittedly, in the advertisement no condition was given that Caste Certificate issued by the Officers of the State of Jharkhand shall be accepted. It was only in 2003 by the aforesaid letter dated 30.12.2003 a new condition was imposed.
7. As noticed above, even after declaration of the result the petitioners submitted their Caste Certificates issued by the Block Development Officer and Sub-Divisional Officer of the State of Jharkhand.
8. In my opinion, therefore, the respondent-District Superintendent of Education is not correct in law in rejecting the claim of the petitioners merely because the Caste Certificate submitted by them were issued by the concerned Officers of the united State of Bihar. For the aforesaid reason, this writ petition is allowed and the impugned order passed by the District Superintendent of Education is quashed.
9. It is, therefore, directed that if the petitioners have been selected and appointment letters were not issued because of the Caste Certificate then the respondents are directed to issue appointment letters in favour of the petitioners as expeditiously as possible.