ORDER : [Shree Chandrashekhar, J.] I.A. No. 6006 of 2020 [in LPA No. 122 of 2020] I.A. No. 189 of 2020 [in LPA No. 17 of 2020] I.A. No. 192 of 2020 [in LPA No. 18 of 2020] I.A. No. 1155 of 2020 [in LPA No. 75 of 2020] I.A. No. 1158 of 2020 [in LPA No. 78 of 2020] I.A. No. 1717 of 2020 [in LPA No. 111 of 2020] I.A. No. 2034 of 2020 [in LPA No. 121 of 2020] I.A. No. 5986 of 2020 [in LPA No. 124 of 2020] I.A. No. 5984 of 2020 [in LPA No. 129 of 2020] I.A. No. 5294 of 2020 [in LPA No. 305 of 2020] I.A. No. 5367 of 2020 [in LPA No. 312 of 2020] I.A. No. 5436 of 2020 [in LPA No. 321 of 2020] I.A. No. 5550 of 2020 [in LPA No. 329 of 2020] I.A. No. 6553 of 2020 [in LPA No. 349 of 2020] 1. These interlocutory applications have been filed by the State of Jharkhand seeking condonation of delay in filing these Letters Patent Appeals - in one of the matters the delay is of 412 days. 2. We have heard Mr. Mithilesh Singh, the learned GA IV, Mr. Ashutosh Anand, the learned AAG III and Mr. Gaurang Jajodia, the learned AC to GP II appearing for the State of Jharkhand. 3. Mr. Sunil Kumar, the learned Standing Counsel appears for the NCTE and Mr. Arvind Kumar Chaudhary, Mr. Rohit Sinha, and Mr. Ajit Kumar, the learned counsels appear for the private respondents in the respective Letters Patent Appeals. 4. Having gone through the explanation offered by the State of Jharkhand for condonation of delay in filing these Letters Patent Appeals, we have formed a prima-facie opinion that the State of Jharkhand has failed to show sufficient cause for condoning delays in filing these Letters Patent Appeals. 5. However, it is bearing in our mind that before a final decision is taken in these matters this Court is required to look into the merits of the matters, of course, to a limited extent so as to ascertain whether the State of Jharkhand may suffer irreparable loss and injury if the aforesaid periods of delay in filing these Letters Patent Appeals are not condoned. 6. 6. A batch of seven writ petitions [W.P. (S) No. 963 of 2017, W.P. (S) No. 476 of 2017, W.P. (S) No. 1386 of 2017, W.P. (S) No. 6692 of 2016, W.P. (S) No. 917 of 2017, W.P. (S) No. 4645 of 2018 and W.P. (S) No. 5390 of 2017] was heard together and by a common order dated 12th September 2019 the orders of termination of the writ petitioners issued on different dates have been quashed by the writ Court. 7. Another batch of four writ petitions [W.P. (S) No. 4910 of 2017, W.P. (S) No. 4916 of 2017, W.P. (S) No. 4940 of 2017 and W.P. (S) No. 4949 of 2017] filed by the Assistant Teachers who were terminated from service by the orders issued on different dates has also been allowed on 27th September 2019, in terms of the aforesaid order dated 12th September 2019 passed in W.P. (S) No. 963 of 2017 and analogous cases. 8. Similarly, W.P. (S) No. 6915 of 2017 was allowed on 17th October 2019 in terms of the aforesaid order dated 12th September 2019. And, the interim order dated 26th June 2019 passed in W.P. (S) No. 75 of 2017 with W.P. (S) No. 64 of 2017 is under challenge in LPA No. 17 of 2020 and LPA No. 18 of 2020. 9. The issue involved in all the writ petitions pertains to qualification for appointment on the post of a Teacher for class-VI to class-VIII in the Primary Schools within the State of Jharkhand. 10. The writ Court has taken a view that the writ petitioners possessed the requisite qualification of having a graduation degree not being a Science graduate as required under the Notification dated 23rd August 2010 issued by the National Council for Teacher Education (in short, NCTE). 11. The issue which was debated before the writ Court was whether the qualification as notified by the NCTE which is the Academic Regulator is binding on the State of Jharkhand. A related issue which fell for consideration before the writ Court was whether the writ petitioners who were having Bachelor of Commerce (in short, B.Com) degree and otherwise qualified for appointment as Assistant Teacher for class-VI to class-VIII were rightly and validly appointed. 12. A related issue which fell for consideration before the writ Court was whether the writ petitioners who were having Bachelor of Commerce (in short, B.Com) degree and otherwise qualified for appointment as Assistant Teacher for class-VI to class-VIII were rightly and validly appointed. 12. Under the Right of Children to Free and Compulsory Education Act, 2009 appointment of atleast one teacher of (i) Science and Mathematics (ii) Social Studies and (iii) Languages for every 35 children is mandatory. There is no dispute with respect to appointment of teachers under “Science and Mathematics” and “Languages” streams. What was debated before the writ Court was whether a candidate holding B.Com degree would qualify under “Social Studies” stream. The writ petitioners have taken a stand that this issue stood resolved by the communication dated 28th August 2018 whereunder after a discussion with different Universities, the Department of Higher Education, Government of Jharkhand has communicated to the Principal Secretary, School Education and Literacy Department, Ranchi, Jharkhand that there is no segregation between Commerce graduate and Arts graduate and the Commerce graduate may also be eligible for appointment as Assistant Teacher for class-VI to class-VIII. 13. However, in its counter-affidavit filed in W.P. (S) No. 1386 of 2017, the NCTE has taken a stand that the writ petitioners who were holding B.Com degree were not eligible for appointment under the subject advertisement which was issued on 3rd July 2015. This affidavit filed on behalf of the NCTE has been sworn by Mr. Pradeep Kumar Yadav, Regional Director, ERC, NCTE, Bhubaneshwar, but then, there is no notification/clarification issued by the NCTE declaring that a Commerce graduate is not eligible for appointment as Assistant Teacher under the “Social Studies” stream. At the same time, the State of Jharkhand has also not come out with any notification/circular indicating that Commerce as a subject also falls under “Social Studies” stream. 14. In the aforesaid fluid state of affairs, there was definitely a vacuum in the field and this created confusion in the minds of the appointing authority. Against the writ petitioners, there is no other objection as to their eligibility and suitability for appointment as Assistant Teacher for class-VI to class-VIII in the Primary Schools within the State of Jharkhand. 15. In the aforesaid fluid state of affairs, there was definitely a vacuum in the field and this created confusion in the minds of the appointing authority. Against the writ petitioners, there is no other objection as to their eligibility and suitability for appointment as Assistant Teacher for class-VI to class-VIII in the Primary Schools within the State of Jharkhand. 15. Our attention has also been drawn to the order dated 15th July 2022 passed in Contempt Case (Civil) No. 1270 of 2019 and batch matters wherein the contempt Court has recorded the statement made on behalf of the State of Jharkhand which took a stand that vide Notification dated 13th July 2022 the writ Court's order has been complied by the State of Jharkhand. 16. The aforesaid being the fact-situation, we are not inclined to condone the delay in filing these Letters Patent Appeals and, accordingly, I.A. No. 6006 of 2020, I.A. No. 189 of 2020, I.A. No. 192 of 2020, I.A. No. 1155 of 2020, I.A. No. 1158 of 2020, I.A. No. 1717 of 2020, I.A. No. 2034 of 2020, I.A. No. 5986 of 2020, I.A. No. 5984 of 2020, I.A. No. 5294 of 2020, I.A. No. 5367 of 2020, I.A. No. 5436 of 2020, I.A. No. 5550 of 2020 and I.A. No. 6553 of 2020 are dismissed. 17. Consequently, LPA No. 122 of 2020, LPA No. 17 of 2020, LPA No. 18 of 2020, LPA No. 75 of 2020, LPA No. 78 of 2020, LPA No. 111 of 2020, LPA No. 121 of 2020, LPA No. 124 of 2020, LPA No. 129 of 2020, LPA No. 305 of 2020, LPA No. 312 of 2020, LPA No. 321 of 2020, LPA No. 329 of 2020 and LPA No. 349 of 2020 are also dismissed. 18. The appointment of a Teacher for class-VI to class-VIII in the Primary Schools within the State of Jharkhand under the “Social Studies” stream has been raging for about a decade but the State of Jharkhand is yet to come out with a definite policy in this regard. There is no notification issued by the NCTE in the form of clarification. The appointment of a Teacher for class-VI to class-VIII in the Primary Schools within the State of Jharkhand under the “Social Studies” stream has been raging for about a decade but the State of Jharkhand is yet to come out with a definite policy in this regard. There is no notification issued by the NCTE in the form of clarification. But without expressing any final opinion in the matter, we expect that the State of Jharkhand shall come out with a definite policy in this regard which it can validly do in the face of the gap created due to absence of any amendment or clarification from the NCTE, but, of course, keeping in mind the interests of the candidates who have obtained B.Com degree. 19. I.A. No. 2041 of 2020, I.A. No. 190 of 2020, I.A. No. 193 of 2020, I.A. No. 1154 of 2020, I.A. No. 1159 of 2020, I.A. No. 1718 of 2020, I.A. No. 2035 of 2020, I.A. No. 2111 of 2020, I.A. No. 2179 of 2020, I.A. No. 5297 of 2020, I.A. No. 5368 of 2020, I.A. No. 5437 of 2020, I.A. No. 5552 of 2020 and I.A. No. 6554 of 2020 for stay of proceedings are disposed of. 20. I.A. No. 757 of 2021 for bringing additional documents and I.A. No. 598 of 2021 for acceptance of vakalatnama are also disposed of.