ORDER Heard counsel for the parties. 2. The petitioner in the instant writ application has come with a prayer that the respondent Jharkhand Academic Council be directed to undertake the recruitment exercise for the post of Assistant Teachers in the newly up-graded secondary schools in the State of Jharkhand, pursuant to the advertisement no. 5/2010 earlier issued by the Jharkhand Public Service Commission, in view of the decision of the State Government contained in Memo No. 2787 dated 27th October 2011 vide Annexure-5 issued under the signature of the Principal Secretary, Human Resources Development Department, Government of Jharkhand. 3. The petitioner was the candidate under the Advertisement No. 5/2010 issued by the JPSC earlier for selection/appointment to the post of Assistant Teachers in newly up-graded secondary schools in the State of Jharkhand. The State Government thereafter took a decision vide Annexure-5 on 27th October 2011 in view of the resolution no. 1470 dated 29th May 2011, whereby Jharkhand Academic Council has been authorized to conduct the recruitment exercise for selection/appointment of Assistant Teachers under the Jharkhand Rajkiyakrit Secondary School Service (Condition) Rules, 2004. Earlier, an indent was sent to the JPSC for carrying out recruitment exercise against 2513 vacant posts of Assistant Teachers in the newly up-graded secondary schools. In view of the said decision of the State Government, the indent sent to the JPSC was being withdrawn and Jharkhand Academic Council, Ranchi was being authorized to conduct such an examination for recruitment of Assistant Teachers on 2513 number of vacant posts. 4. The Advertisement No. 2/2010 was issued by the Jharkhand Public Service Commission which is Annexure-3 for recruitment of 2050 teachers in different subjects and Advertisement No. 5/2010 was issued for recruitment of 463 number of Assistant Teachers in different subjects in such schools. Adding 2050 with 463, it comes to 2513 number of posts which were indented to the JPSC for selection of such Assistant Teachers. These posts obviously were supposed to be filled up through examination conducted by the Jharkhand Academic Council. A candidate who had applied under the Advertisement No. 2/2010, approached this Court with a prayer to direct the respondents to hold special examination for appointment of Assistant Teachers in newly up-graded secondary schools, on the plea that he had filled up the application forms in response to the said Advertisement No. 02/2010. A candidate who had applied under the Advertisement No. 2/2010, approached this Court with a prayer to direct the respondents to hold special examination for appointment of Assistant Teachers in newly up-graded secondary schools, on the plea that he had filled up the application forms in response to the said Advertisement No. 02/2010. In the said writ petition being WPC No. 442/2012, after considering the respective stand of the State of Jharkhand and the Jharkhand Academic Council as also the JPSC, following order was passed, which is quoted here-under: “Considering the above and in view of the assurance given by the Director, Secondary Education, Human Resources Development Department, Government of Jharkhand-respondent no. 2 before this Court, this writ petition is disposed of directing the said respondent to issue appropriate orders to JAC along with any other concerned authority for holding special examination for the candidates, who had applied through JPSC for appearing in the examination for appointment of Teachers in Newly Upgraded High Schools, within one week. After receipt of the order issued by the Director, Secondary Education, JAC shall hold special examination of the eligible candidates applied through JPSC and after completion of the said examination, shall get all the answer sheets evaluated in one process, without any discrimination, in order to maintain parity and uniformity and shall publish one result of all the successful candidates in order of merit in accordance with the select list.” 5. As a result of the said order, instructions were issued by the State Government which is enclosed as Annexure-A dated 15th September 2012 and followed by other letters dated 20th May 2013 and 21st May 2013 (Annexure-E series to the counter affidavit of JAC), inter-alia directing the respondent Jharkhand Academic Council to conduct the said examination for candidates who were applicants under the Advertisement No. 2/2010. The aforesaid letters also stipulated some conditions for the candidates to file an affidavit to the effect that they were only applicant under the said Advertisement. In the meantime, Jharkhand Academic Council had also issued an Advertisement No. 93/2011 in view of the State Government decision contained at resolution no. 1470 dated 29th May 2011 for selection of the candidates for the post of Assistant Teachers against the various subjects and against the total number of 2513 number of vacant posts in the up-graded secondary schools in the State of Jharkhand. 1470 dated 29th May 2011 for selection of the candidates for the post of Assistant Teachers against the various subjects and against the total number of 2513 number of vacant posts in the up-graded secondary schools in the State of Jharkhand. After the order passed by the learned Single Bench of this Court in WPC No. 442/2012 and instruction issued by the Directorate of Secondary Education on various dates, as referred to herein above, another advertisement was issued by the Jharkhand Academic Council being Advertisement No. 39/2013. This was only with relation to the requirement of filing of an affidavit by such candidates who were candidates under the Advertisement No. 2/2010. 6. In these background, the petitioner has a grievance that though the decision contained at Annexure-5 dated 27th October 2011 relates to the total number of 2513 vacant posts of Assistant Teachers which were covered under the Advertisement No. 2/2010, as also Advertisement No. 5/2010, but the Jharkhand Academic Council is going to conduct special examination only for the candidates who had applied under the Advertisement No. 2/2010. This does not stand to reason as it is not in consonance with the State Government decision. It is submitted that the applicant who had approached this Court earlier, was only a candidate under the Advertisement No. 2/2010 and therefore, the order passed in WPC No. 442/2012 was not in relation to Advertisement No. 5/2010 which may have caused this confusion in the minds of respondent authorities. Counsel for the petitioner submits that special examination under the Advertisement No. 2/2010 has not yet been held by the Jharkhand Academic Council, but it is likely to be held in the near future. 7. It is informed by the counsel for the JPSC that the entire application forms under the Advertisement No. 2/2010 as also Advertisement No. 5/2010 have been transmitted to the Jharkhand Academic Council along with the soft copy of the same. It is further stated on their behalf that the application fees deposited on behalf of the applicants under the said two advertisements, have also been deposited in the State Treasury. In such circumstances, they submit that the JPSC now has no role to play and action in conformity with the decision contained at Annexure-5 dated 27th October 2011 has been undertaken by them. 8. In such circumstances, they submit that the JPSC now has no role to play and action in conformity with the decision contained at Annexure-5 dated 27th October 2011 has been undertaken by them. 8. Learned counsel appearing for the State, on instruction from the Director, Secondary Education, submits that the State Government stand by its decision contained at Annexure-5 dated 27th October 2011 authorizing the Jharkhand Academic Council to undertake the recruitment exercise for selection/appointment of Assistant Teachers against 2513 number of vacant posts in the newly up-graded secondary schools in the State of Jharkhand. In such circumstances, necessary instruction would also be issued to the Jharkhand Academic Council for conducting special examination for such candidates who had applied under the Advertisement No. 5/2010. 9. Learned Senior Counsel appearing for the Jharkhand Academic Council also submits that if such instruction/directions are issued to the Jharkhand Academic Council, it is bound to undertake the exercise for holding special examination for such applicants who were covered under the Advertisement No. 5/2010. 10. Having heard learned counsel for the parties, it appears that there are no issue on which the parties are at contest with each other. The State Government, as aforesaid, had already taken a decision authorizing the Jharkhand Academic Council to hold examination for recruitment of Assistant Teachers in the newly up-graded high schools on 2513 number of vacant posts through its communication dated 27th October 2011. In view of the stand taken by the respondent State, as indicated herein-above, the writ petition is disposed of by directing the Respondent No. 2 - Director, Secondary Education, Human Resources Development Department (Secondary Education Directorate), Government of Jharkhand to issue appropriate directions upon the Jharkhand Academic Council and any other concerned authority for holding special written examination for the candidates who had applied under the Advertisement No. 5/2010 earlier through JPSC for selection/appointment on the post of Assistant Teachers in the newly up-graded high schools, within a period of two weeks from the date of receipt of a copy of this order. After receipt of such an order from the Respondent No. 2 - Director, Secondary Education, the Jharkhand Academic Council shall hold special written examination for such eligible candidates who had applied under the Advertisement No. 5/2010 and declare results of the selected candidates, in accordance with law. Let such an exercise be completed within a reasonable time. After receipt of such an order from the Respondent No. 2 - Director, Secondary Education, the Jharkhand Academic Council shall hold special written examination for such eligible candidates who had applied under the Advertisement No. 5/2010 and declare results of the selected candidates, in accordance with law. Let such an exercise be completed within a reasonable time. The writ petition is allowed in the aforesaid terms. Let a copy of the order be given to the counsel for the respondent State as well as Jharkhand Academic Council. Petition allowed.