JUDGMENT Shree Chandrashekhar, J. – The petitioner, claiming that he is qualified for appointment as Para Teacher for Class-I to V, is aggrieved of appointment of respondent no.5 by letter dated 25.08.2011. 2. Sri Rajeeva Sharma, the learned Senior counsel for the petitioner referring to the instructions issued by the Jharkhand Education Project Council to the District Superintendent of Education-cum-District Programme Officers in the State by which a direction was issued to provide list of teachers who are inclined to undergo training for teaching ''Santhal'' language in Class-I to V contends that flouting the aforesaid direction respondent no.5 has been appointed as Para Teacher. 3. In the counter-affidavit, the respondent-State has taken a plea that the respondent no.5 is duly qualified and moreover the Deputy Commissioner has adjudicated his suitability in compliance of order dated 12.07.2011 passed in W.P.(S) No.203 of 2010. 4. Whether the instructions issued vide letter dated 10.05.2008 have been adhered to by the respondents or not, no material on the said issue has been placed before this Court. The respondent no.5 is duly qualified and, in fact, he possesses higher qualification is not in dispute. Challenge to the qualification under letter dated 08.06.2005 for appointment as Para Teacher for the scheduled and non-scheduled areas must fail, for fixing of qualification is in the domain of the executive and/or legislature. The Courts cannot fix qualification for appointment to a post, however, in view of the alleged conflict between the guidelines vide letter dated 08.06.2005 and direction issued by Jharkhand Education Project Council on 10.05.2008, the petitioner may, if so advised, agitate the matter in a ''Public Interest Litigation''. 5. Finding no merit in challenge to appointment of respondent no.5, the writ petition fails.