JUDGMENT : S.N. Pathak, J. Heard the parties. 2. Since the issue involved in the aforesaid cases are identical and as such, they are being disposed of by this common order. 3. The petitioners have approached this Court with the following prayers :- “(I) For quashing and set aside the impugned order dated 02.12.2016 issued by respondent No.4 [in W.P.(S) No.963 of 2017], impugned order dated 03.11.2016 issued by respondent No.3 [in W.P.(S) No.476 of 2017], impugned order dated 28.07.2016 issued by respondent No.3 [in W.P.(S) No.1386 of 2017], impugned order dated 03.11.2016 issued by the respondent No.4 [in W.P.(S) No.6692 of 2016], impugned order dated 02.12.2016 issued by the respondent No.4 [in W.P.(S) No.917 of 2017], impugned order dated 02.12.2016 issued by the respondent No.4 [in W.P.(S) No.4645 of 2018] and impugned order dated 19.08.2017 issued by the respondent No.4 [in W.P.(S) No.5390 of 2017], whereby and whereunder, the respective petitioners in respective writ petition have been terminated from the services from the post of Assistant Teacher in different districts of State of Jharkhand on the ground that they were Commerce Graduate. (II) For a direction upon the respective respondents to reinstate the respective petitioners in service with all consequential benefits including back wages for the interregnum period from the date of termination till the date of reinstatement. (III) For a direction upon the respondents to pay the salary for the period, the petitioners have given their services i.e. from the date of their joining to the date of their termination on respective writ petitions. 4. Sans details, the facts as averred in the writ petitions, in a nutshell is that pursuant to Advertisement No.05/2015, the petitioners in all the writ petitions having the degree in Commerce and duly qualified in TET, applied for the post of the Assistant Teacher in different districts of the State of Jharkhand for class 6 to 8. Thereafter, they appeared in the selection process and on being declared successful in all the events, appointed to the post of Assistant Teacher in different districts in State of Jharkhand. Thereafter, they appeared in the selection process and on being declared successful in all the events, appointed to the post of Assistant Teacher in different districts in State of Jharkhand. It is further the case of the petitioners that after serving for more than 6 to 8 months, suddenly, petitioners in some cases received show cause notices asking them to explain as to how they have been appointed to the post of Assistant Teacher being Commerce Graduate whereas, in other cases, even show cause notice was not served upon the petitioners. Subsequently, the petitioners have been terminated from the services vide different impugned orders, which are under challenge in these writ petitions, on the ground that they are Commerce Graduate. However, the same is contrary to Rule framed under proviso of Article 309 of the Constitution of India namely Jharkhand Primary School Teacher Appointment Rules, 2012 by the Government of Jharkhand, whereby it is clarified that for appointment of teachers in Class VI to VIII, the minimum eligibility is Graduation similarly, the National Council for Teacher Education (hereinafter referred as NCTE) in exercise of power conferred under Sub-Section (1) of Section 23 of Right of Children to Free and Compulsory Education Act, 2009 laid down the minimum qualifications for persons to be eligible for appointment as teacher dated 23.08.2010, which was amended by Notification dated 29th July, 2011, clearly indicates that for appointment as teacher in Class 6 to 8 only Graduation is required meaning thereby any Graduate irrespective of stream are eligible to appear in recruitment process for appointment as Teacher of Class VI to VIII. Though the petitioners have all the requisite qualifications as per the State Govt. Rules, 2012 as well as that of NCTE and duly appointed by the respondents itself, they have been illegally terminated and also they were not paid salary for the period, during which they have discharged their duties till the date of termination. Left with no other efficacious, alternative and speedy remedy, the petitioners have been constrained to approach this Court invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India for redressal of their grievances. Left with no other efficacious, alternative and speedy remedy, the petitioners have been constrained to approach this Court invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India for redressal of their grievances. 5 Learned counsels for the petitioners jointly submitted that orders of termination are not tenable in the eyes of law as the same are contrary to Notification of the State Government as well as that of NCTE, which clarify that even Commerce Graduates are eligible for appointment to the post of Assistant Teacher in Class 6 to 8. Learned counsels further submitted that the petitioners having requisite qualifications and on being declared successful in the recruitment process for the post of Assistant Teachers, have been appointed by the respondents itself to teach the students of Class VI to VIII and also the respondents have taken work from them since the date of their joining but have been denied salary, which is illegal, arbitrary and not in accordance with law. Learned counsel for the petitioners further submitted that though the petitioners were duly appointed by following the legal procedures against the permanent and sanctioned posts, but without framing memo of charge and without initiating any regular departmental proceeding, the impugned orders of termination were issued. The order of termination is a major penalty and without affording any opportunity of hearing to the petitioners, their services could not have been terminated. Learned counsels further submitted that from perusal of Rule, 2012 of the State Government, it is evident that the Rule does not stipulate that a candidate must be Arts / Science Graduate, the Rule simply talks that candidate having the qualification of Graduation or its equivalent with minimum 50 % marks and one year’s Teachers’ Training (B.Ed.) are eligible for appointment to the post of teachers in class VI to VIII. The other condition was that the candidate must have passed the J-TET examination for classes 6 to 8 and as such, the petitioners were holding eligibility criteria laid down under the said Rules as also the Advertisement. Further, they submitted that the impugned orders are in contravention of revised NCTE Notification dated 29.07.2011 and as such, the orders of termination are illegal, arbitrary and unconstitutional and fit to be quashed and set aside. Further, they submitted that the impugned orders are in contravention of revised NCTE Notification dated 29.07.2011 and as such, the orders of termination are illegal, arbitrary and unconstitutional and fit to be quashed and set aside. Learned counsels further submitted that National Council for Teacher Education (NCTE) is the competent authority to prescribe the qualification for appointment of teachers in the elementary schools, which includes the teachers to be appointed for Classes 6 to 8. The NCTE issued Notification dated 23.08.2010 wherein, it was prescribed in para 1 (ii)(a) that the persons having the qualifications of B.A./ B.Sc. are entitled for appointment for Classes VI to VIII. However, vide letter dated 04.05.2011, issued by NCTE, Commerce Degree Holders were made eligible for appearing in TET and have been included in paras 1 to 3 to the Notification dated 23.08.2010 and a proper Notification to that effect was also issued on 29.07.2011 by the NCTE, wherein in place of words ‘B.A/B.Sc.’ the word Graduation was inserted. Therefore, the earlier qualification of ‘B.A/B.Sc.’, was replaced by the qualification of Graduation. That means the Graduates of any stream, being Arts, Science or Commerce were entitled for appointment for Classes VI to VIII as teachers. Learned counsels for the petitioners further submitted that the respondents have issued Memo dated 28.08.2018, which shows that even Commerce Graduate can be considered for appointment as Assistant Teacher in Arts stream as Commerce degree has been considered to similar degree as that of Social Science. Learned counsels further submitted that if any person is not allowed to work because of the fault of the State, then the principle of no work no pay shall not be applicable and as such, petitioners are also entitled for all the back wages including the consequential benefits. Learned counsel for the petitioner has placed reliance in case of State of Uttar Pradesh & Ors. Vs. Shiv Kumar Pathak & Ors., reported in (2018) 12 SCC 595, wherein it has been held that the guidelines of the NCTE is binding upon the State. 6. On the other hand, counter-affidavits have been filed on behalf of the respondents controverting the statement made by the petitioners in the respective writ applications. 7. Vs. Shiv Kumar Pathak & Ors., reported in (2018) 12 SCC 595, wherein it has been held that the guidelines of the NCTE is binding upon the State. 6. On the other hand, counter-affidavits have been filed on behalf of the respondents controverting the statement made by the petitioners in the respective writ applications. 7. Learned counsels for the respondent-State jointly submitted that writ petitions are not maintainable as the same have been filed without exhausting the alternative remedy i.e. preferring Appeal before the Commissioner and under such circumstances, they may be directed to pursue remedy before the Commissioner. Counter-affidavit dated 16.11.2017 filed in W.P.(S) No.963 of 2017 on behalf of the respondent No.4 in which very fair stand has been taken that already the orders have been passed for transferring the salary in the bank accounts of the petitioners concerned for the period during which they have worked. Learned counsels submitted that from perusal of the entire Rule, Act and Advertisement, there is no scope for appointment of Commerce Graduate as a teacher in Class VI to VIII. All the appointments have to be made on the basis of advertisement and their appointment itself are dehors the rules/advertisement and as such, the services of the petitioners have been terminated. 8. Learned counsel appearing on behalf of the NCTE submitted that letter 08.04.2011 is not traceable as no meeting was held on the said date. Learned counsel further submitted that from the joint reading of schedule to the Right of Children to Free and Compulsory Education Act, 2009 and the Notifications prescribing minimum qualification for required for appointment of teachers, it is evident that for appointment of teachers for class I to V, there is no requirement of having a qualification in a particular stream. However, for class VI to VIII, the applicant must possess the qualification in the particular stream for appointment as a teacher for that stream and as such, Commerce Graduates cannot be appointed as a Teacher in Class VI to VIII. Learned counsel further submitted that letter dated 04.05.2011 on which the petitioners is relying having the reference of meeting dated 08.04.2011 is a fake letter and as such, no appointment could be made on the basis of said letter. Learned counsel further submitted that letter dated 04.05.2011 on which the petitioners is relying having the reference of meeting dated 08.04.2011 is a fake letter and as such, no appointment could be made on the basis of said letter. Justifying the impugned orders of termination, learned counsels for the State as well as NCTE argued that petitioners are not entitled for appointment under the Art stream. 9. Be that as it may, having gone through the rival submissions of the parties and after perusal of materials on record, this Court is of the considered view that case of the petitioners need consideration. The counter-affidavit filed by the respondent-State and NCTE is contrary to each other. The State Government has already taken into consideration the different notification and on the basis of opinion of the expert bodies have acted upon them and came to a finding that even Commerce Graduate can be appointed as teacher under the Social Science subject to impart education to Class VI to VIII. However, for proper adjudication of the cases, it would be appropriate to go through the relevant Provisions of NCTE as well as Rules for appointment of teachers issued by the State of Jharkhand and terms and conditions prescribed in the advertisement. The NCTE Notification dated 23.08.2010 is reproduced herein below :- (II) Classes VI-VIII (a) B.A/B.Sc. and 2 year Diploma in Elementary Education (by whatever name known. Or B.A./B.Sc. with at least 50 % marks and 1 year bachelor in Education (B.Ed.) Or B.A./B.Sc. with at least 45 marks and 1 years Bachelor in Education (B.Ed.), in accordance with the NCTE (Recognition Norms and Procedures) Regulations issued from time to time in this regard. Or Senior Secondary (or its equivalent) with at least 5- % marks and 4 year bachelor in Elementary Education (B.El, Ed.) Or Senor Secondary (or its equivalent) with at least 50 % marks and 4 year BA/B.Sc., Ed. Or B.A Ed/B.Sc. Ed. Or B.A./B.Sc. with at least 50 % marks and 1 year B.Ed. (special education AND (b) Pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose. Or B.A Ed/B.Sc. Ed. Or B.A./B.Sc. with at least 50 % marks and 1 year B.Ed. (special education AND (b) Pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose. Further, para 2 of the Notification dated 04.05.2011 issued by the NCTE is reproduced herein below:- (2) The NCTE has received representations from State Governments and other stakeholders in respect of inclusion of B.Com degree holders for the appointment of teachers as referred above. Therefore, it has been decided in the meeting held at MHRD on 8th April, 2011 to include B.Com graduates in para 1 to 3 of the aforesaid notification to appear in the TET examination. It is request to make appropriate change in the TET related criteria at your end. Further, the Notification dated 29.07.2011 issued by the Government of India, NCTE reads as under :- (1) For sub-para (ii) of para 1 of the Principal Notification, the following shall be substituted, namely :- (ii) Classes VI –VIII (a) Graduation and 2 year Diploma in Elementary Education (by whatever name known) OR Graduation with at least 50 % marks and 1 year Bachelor in Education (B.Ed.) OR Graduation with at least 45 marks and 1 year Bachelor in Education (B.Ed.), in accordance with the NCTE (Recognition Norms and Procedure) Regulations issued from time to time in this regard. OR Senior Secondary (or its equivalent) at least 50 % marks and 4 year bachelor in Elementary Education (B.El.Ed.) OR Senior Secondary (or its equivalent) with at least 50 % marks and 4 year B.A/B.Sc.Ed. or B.A.Ed/B.Sc. Ed. OR Graduation with at least 50 % marks and 1 year B.Ed. (Special Education) AND (b) Pass in Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the guidelines framed by the NCTE for the purpose. or B.A.Ed/B.Sc. Ed. OR Graduation with at least 50 % marks and 1 year B.Ed. (Special Education) AND (b) Pass in Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the guidelines framed by the NCTE for the purpose. Further, the eligibility criteria for appointment of teachers in class VI to VIII issued vide Notification dated 05.09.2012 by the Government of Jharkhand i.e. Human Resources Development Department is reproduced herein below:- mPp ÁkFkfed d{kk ds f'k{kdksa dh fu;qfDr gsrq%& ¼v½ Lukrd vFkok blds led{k vkSj ÁkjafHkd f'k{kk esa f}o"khZ; fMIyksek ¼pkgs ftl fdlh uke ls tkuk tkrk gks½ vFkok U;wure 50 Áfr'kr vadksa ds lkFk Lukrd ¼vFkok blds led{k½ ,oa f'k{kk 'kkL= esa ,d o"khZ; Lukrd ¼ch- ,M-½ vFkok U;wure 4-5 Áfr’kr vadksa ds lkFk Lukrd ¼vFkok blds led{k½ ,oa f’k{kk ‘kkL= esa ,d o”khZ; Lukrd ¼ch- ,M-½ tks bl laca/k esa le;≤ ij tkjh fd;s x;s jk”Vªh; v/;kid f’k{kk ifj"kn~ ¼ekU;rk] ekun.M rFkk fØ;kfof/k½ fofu;eksa] ds vuqlkj ÁkIr fd;k x;k gks vFkok U;wure 50 Áfr’kr vadksa ds lkFk mPPkrj ek/;fed ¼vFkok blds led{k½ ,oa 4 o”khZ; ÁkjafHkd f’k{kk ‘kkL= esa Lukrd ¼ch-,y-,M-½ vFkok U;wure 50 Áfr’kr vadksa ds lkFk mPPkrj ek/;fed ¼;k blds led{k½ ,oa 4 o”khZ; ch-,-@ch-,l-lh- ,M- ;k ch-,--,M-@ch-,l-lh-,M- vFkok U;wure 50 Áfr’kr vadksa ds lkFk Lukrd ¼vFkok blds led{k½ rFkk ,d o”khZ; ch-,M- ¼fo’ks"k f’k{kk½ ,oa jk"Vªh; v/;kid f’k{kk ifj"kn~ }kjk fu#fir ekxZn'khZ fl)kUrksa ds v/khu >kj[k.M ljdkj }kjk d{kk 6 ls d{kk 8 ds fy;s vk;ksftr v/;kid ik=rk ijh{kk ¼Vh0bZ0Vh0½ esa mRrh.kZ 10. The Notification issued by the NCTE dated 23.08.2010 in para II (a) clearly prescribed that candidates having B.A./B.Sc. degree are entitled for appointment in Class VI to VIII. However, the NCTE vide notification dated 04.05.2011 i.e. Annexure-5 to the writ petition further clarified that even the B.Com degree holders are included in para 1 to 3 to the notification dated 23.08.2010 and appropriate notification to that effect was issued on 29th July, 2011 by the NCTE, wherein in place of words ‘B.A/B.Sc.’, the word ‘Graduation’ was inserted. That means, the Graduates of any stream, being Arts, Science or Commerce, were made entitled for appointment for Classes VI to VIII as teachers. That means, the Graduates of any stream, being Arts, Science or Commerce, were made entitled for appointment for Classes VI to VIII as teachers. Further, the NCTE vides its reply dated 09.12.2016 under RTI Act, 2005 has clarified that pursuant to Notification dated 29th July, 2011, a Commerce Graduate is entitled for appointment as a Teacher in Upper Primary Section, which is at Annexure 15 series to W. P. (S) No.963 of 2017. The NCTE in the case of Ritesh Tripathi Vs. State of Rajasthan & Ors., reported in 2011 SCC online Raj 969 filed an affidavit to the effect that Commerce Graduates are entitled for appointment in classes VI to VIII as teachers. In case of Ajit Kumar Pandey Vs. State of Orissa & Ors., reported in 2010 SCC online Ori 315, same ratio was applied and Commerce Graduates were made entitled for appointment to Arts Teacher posts. Since, the NCTE itself amended the Notification dated 23.08.2010 and issued amended notification dated 29.07.2011 prescribing the qualification for appointment of teachers to be Graduation only in place of ‘B.A/B.Sc., at relevant para of that notification. The respondents cannot deny the same and take a U-turn as no further notification in suppression to the said notification is in existence. 11. In supplementary counter-affidavit dated 27.10.2018 filed on behalf of the respondents in W.P.(S) No.1386 of 2017, it has been clearly stated in para 7 that in response to the aforesaid query/guidance, the department of Higher, Technical and Skills Development after consultation with all the five Universities of the State vide letter No. 1675 dated 20.08.2018 has opined that at present, the streams of Languages (Humanities) and Commerce have not been segregated and come under the purview of the Social Science stream and hence the qualification /eligibility acquired by a Commerce Degree could be placed under the Category of Social Science. 12. As a sequitur to the aforesaid rules, observations, guidelines and judicial pronouncement, this Court is of considered opinion that the impugned orders are not sustainable in the eyes of law for the following facts and reasons :- 1. From perusal of the documents brought on record and consideration of the relevant Rules of the NCTE and also subsequent amendments/ modifications, it transpires that Graduates of any stream are eligible for appointment as Graduate Trained Teacher for Class VI to VIII. 2. In case of Bhim Narayan Das Vs. From perusal of the documents brought on record and consideration of the relevant Rules of the NCTE and also subsequent amendments/ modifications, it transpires that Graduates of any stream are eligible for appointment as Graduate Trained Teacher for Class VI to VIII. 2. In case of Bhim Narayan Das Vs. The State of Jharkhand [W.P.(S) No.3246 of 2017], the respondent- State of Jharkhand has come out with a Memo dated 28.08.2018, whereby it has been clarified that Graduation Degree obtained on the basis of Commerce syllabus can be kept under the Category of Social Science under the provisions of Jharkhand Primary School Teachers Appointment Rules, 2012. 3. Vide Memo No. 858 dated 29.04.2019 issued by the DSE, Dumka, the services the petitioner in W.P.(S) No.3246 of 2017 has been reinstated in view of Memo dated 28.08.2018, considering the Commerce Graduates eligible for appointment as Assistant Teachers, and subsequently, the order of termination was recalled vide Memo dated 29.04.2019, which shows that even the Commerce Graduates can be considered for appointment as Assistant Teacher in Arts Stream as Commerce Degree has been considered to similar degree as that of Social Science. 4. The Hon’ble Apex Court in case of State of Uttar Pradesh & Ors. Vs. Shiv Kumar Pathak & Ors., reported in (2018) 12 SCC 595 at para 14 & 17 has held thus :- 14. On the other hand, the stand of the original writ petitioners is that the subject of education falls under Schedule VII List III Entry 25 of the Constitution after the 42nd Amendment. Thus, by virtue of Article 254 of the Constitution, the law made by Parliament prevails over any law made by the State. It was submitted that the NCTE Act has been enacted by Parliament to achieve “planned and coordinated development of the teacher education system”. The Council constituted under the Act is empowered to issue guidelines under Sections 12 and 12-A for ensuring planned and coordinated development of teacher education and also to lay down guidelines in respect of minimum qualifications for a person to be employed as a teacher. Further, vide Notification dated 31-3-2010 under Section 23 of the RTE Act, the Central Government has authorised NCTE as the “academic authority” to lay down minimum qualifications for a person to be eligible for appointment as a teacher. 17. Further, vide Notification dated 31-3-2010 under Section 23 of the RTE Act, the Central Government has authorised NCTE as the “academic authority” to lay down minimum qualifications for a person to be eligible for appointment as a teacher. 17. There is no manner of doubt that NCTE, acting as an “academic authority” under Section 23 of the RTE Act, under the Notification dated 31-3-2010 issued by the Central Government as well as under Sections 12 and 12-A of the NCTE Act, was competent to issue Notifications dated 23-8-2010 and 11-2-2011. The State Government was under obligation to act as per the said notifications and not to give effect to any contrary rule. However, since NCTE itself has taken the stand that Notification dated 11-2-2011 with regard to the weightage to be given to the marks obtained in TET is not mandatory which is also a possible interpretation, the view of the High Court in quashing the 15th Amendment to the 1981 Rules has to be interfered with. Accordingly, while we uphold the view that qualifications prescribed by NCTE are binding, requirement of weightage to TET marks is not a mandatory requirement. 13. In view of the specific stands of the respondents and in view of the Memo dated 28.08.2018 and 29.04.2018, the orders of termination i.e. impugned order dated 02.12.2016 issued by respondent No.4 [in W.P.(S) No.963 of 2017], impugned order dated 03.11.2016 issued by respondent No.3 [in W.P.(S) No.476 of 2017], impugned order dated 28.07.2016 issued by respondent No.3 [in W.P.(S) No.1386 of 2017], impugned order dated 03.11.2016 issued by the respondent No.4 [in W.P.(S) No.6692 of 2016], impugned order dated 02.12.2016 issued by the respondent No.4 [in W.P.(S) No.917 of 2017], impugned order dated 02.12.2016 issued by the respondent No.4 [in W.P.(S) No.4645 of 2018] and impugned order dated 19.08.2017 issued by the respondent No.4 [in W.P.(S) No.5390 of 2017 are hereby quashed and set aside. 14. As a sequel of the quashment of the impugned orders, the respondents are directed to reconsider the case of the petitioners for appointment to the post of Assistant Teacher in Classes VI to VIII under the Social Science Subject with back wages. As far as issue of payment of salary for the period for which they have not worked due to their termination is left open for consideration by the department concerned. 15. As far as issue of payment of salary for the period for which they have not worked due to their termination is left open for consideration by the department concerned. 15. With the aforesaid observations and directions, writ petitions stand disposed of. 16. Pending I.A., if any, also stands disposed of.