JUDGMENT : DEEPAK ROSHAN, J. 1. Heard learned counsel for the parties. 2. Both these Writ applications arise from the same advertisement; as such both were heard together and decided by this common order. 3. Both these petitions have been preferred by the petitioners with a prayer to grant the pay scale of Rs 5500-9000 (revised in 6th pay as Rs. 9300-34800/- with grade pay Rs. 4600/-) as the petitioners were appointed for elementary Level and they were having essential qualification of B.Ed. 4. The petitioners are making this claim on the basis of having essential qualification as the appointment made was for the post of Assistant Teacher in Elementary Level. The petitioners are also claiming that their recommendation by the JPSC was for class VI to VIII and as per the Gazette Notification dated 04.09.2001, they are eligible for the pay scale of Rs. 9300-34800 with grade pay of Rs. 4600/-. It has also been pleaded that appointments made in the later years are being granted higher pay than the petitioners. 5. The respondents have filed counter affidavit controverting the averments made in the petition stating inter alia that the advertisement is of the year 2002-2003 and the appointments were made thereafter and at no point of time till initiation of this writ in the year 2016, the petitioners have either challenged the advertisement or the qualification and have put a challenge to the pay being granted after a lapse of about 12 years, hence the petition may not be entertained at this juncture in view of the fact that the petitioners themselves accepted the conditions of the advertisement and the conditions of the appointment. 6. The specific case of the Respondents is that the advertisement was for the post of Matric Trained Teachers and hence the admissible Pay Scale of Matric Trained was Rs. 4500-7000 which was duly extended to the petitioner. In support of this contention, the advertisement has been annexed and on perusal of clause 2, which is the eligibility criteria of the appointment it has been mentioned as Matric or equivalent examination along with two years of teacher training course examination/ B. ED/ Diploma in Education/Diploma in Teaching. As Per the Bihar Taken Over Elementary School Teachers Promotion Rules, 1993 the pay Scale of Matric Trained (which is Grade -1 Scale) is Rs 4500-7000 and the Pay Scale Rs. As Per the Bihar Taken Over Elementary School Teachers Promotion Rules, 1993 the pay Scale of Matric Trained (which is Grade -1 Scale) is Rs 4500-7000 and the Pay Scale Rs. 5500-9000 is for the Trained Graduate Post. Hence the Scale being claimed by the petitioners is the Promotional Pay Scale. 7. Learned counsel for the petitioners on being made a query by the Court as to whether the petitioners accepted joining after accepting the terms of the appointment; he replied in the affirmative, but states that the petitioners were aggrieved by the pay scale as the petitioners claimed to have higher qualification than the minimum qualification required for appointment. 8. The respondents have also filed a supplementary counter affidavit dated 22/06/2023 annexing the Jharkhand Elementary School Appointment Rules 2002 together with the advertisement of the year 2003-2004 and also of the year 2015. As per the Rules of 2002, in Clause 4 it has been mentioned that the appointment of teachers was to be made against sanctioned post of matric trained teachers. There has been a further mention in Clause 11 that candidates having higher qualification shall also be appointed against the post of matric trained pay scale. 9. Having heard learned counsel for the parties and after going through the documents available on record, it transpires that the petitioners were appointed against the vacancies advertised for the post of Matric Trained Teachers in the pay scale of Rs.4500/-- 7000/-. Thus, merely on the basis of availability of a Higher-Grade post or the petitioners possessing a higher qualification, they are not eligible to be granted the Pay Scale of Rs. 5500-9000. 10. Further, subsequent to the promulgation of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, the essential qualifications are those ascertained under the National Council for Teacher Education (NCTE) Act. Accordingly, the State of Jharkhand has promulgated the Jharkhand taken over the Elementary School Teacher Appointment Rule, 2012; whereby TET pass candidates were required to be appointed against the posts of Intermediate Trained /Graduate Trained Teacher. In the present matter, since the petitioners were not appointed against the post of Trained Graduate Teacher; on this basis also, they are not entitled to the relief as claimed. 11. The pay scale is determined on the basis of the appointment made, the applicable rules, and the parameters stipulated in the advertisement. In the present matter, since the petitioners were not appointed against the post of Trained Graduate Teacher; on this basis also, they are not entitled to the relief as claimed. 11. The pay scale is determined on the basis of the appointment made, the applicable rules, and the parameters stipulated in the advertisement. After accepting the terms and conditions of the advertisement and the subsequent appointment, one is precluded from challenging the pay scale without simultaneously challenging the foundational Notification for Advertisement and the Applicable Rules. 12. Having regard to the above discussions, both these writ petitions require no interference; as such both the writ petitions are dismissed. 13. Pending I.As, if any, also stands closed.