C.S.KARNAN, J. - (1.) The petitioners submit that they have obtained 50% marks in the Higher Secondary Examination and also obtained the D.El.Ed. training qualification from various recognised Universities by the National Council for Teacher Education. As such the petitioners are eligible under the RTE Act and NCTE Act and also as per the notification issued by the NCTE. The petitioners are also eligible to appear in the written test examination for the appointment to the post of primary teacher without any relaxation under the provisions of Section 23 of the RTE Act, 2009. The petitioners further submit that the RTE Act, came into effect on 01.04.2010, Section 23 of the said Act empowers the NCTE, being the economic body to prescribe the minimum qualification for appointment of teacher at Primary School level. Accordingly, by virtue of notification dated 23.08.2010, the academic body namely NCTE prescribed the qualification for appointment as a teacher in Primary School level, whereby the candidates possessing 50% marks in Higher Secondary Examination and also with two years Diploma in Elementary Education course from NCTE recognised institutes are also entitle as teachers' for a Primary School level.
(2.) The petitioners further submit that this RTE Act came into effect with an object to maintain the standard of education between education to teachers and students and thereby the academic body namely National Council for Teacher Education prescribed the qualification for the appointment of teacher in the primary level so that the standard of education is maintained. Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 provides as follows : - 23. Qualifications for appointment and terms and conditions of service of teachers. - 1) Any person possessing such minimum qualification, as laid down by an academic authority, authorised by the Central Government, by notification, shall be eligible for appointment as a teacher. 2) Where a State does not have adequate institutions offering courses or training in teacher education, or teachers' possessing minimum qualifications as laid down under Sub -Section (1) are not available in sufficient numbers, the Central Government may, if it deems necessary, by notification, relax the minimum qualifications required for appointment as a teacher, for such period, not exceeding five years, as may be specified in that notification: Provided that a teacher who, at the commencement of this Act, does not possess minimum qualifications as laid down under sub - section (1), shall acquire such minimum qualifications within a period of five years. 3) The salary and allowances payable to, and the terms and conditions of service of, teacher shall be such as may be prescribed.
(3.) The petitioners further submit that as per the above mentioned section it clearly revels that if the trained candidates are not available in sufficient numbers in the State Governments, they can make an application before the Central Government and the Central Government if necessary by notification relax the minimum qualification required for appointment as a teacher for such a period not exceeding five years. That in terms of the rules framed under the Right to Free and Compulsory Education Acts, it provides that the Central Government has got the right to grant relaxation for a period of three years out of five years from the date of the commencement of the Act. Thereby the said relaxation was granted in year 2015 for a period of one year by the Central Government. Notwithstanding the fact that the earlier relaxation in favour of the State Government for the period of 2 years and 8 months, thereby the relaxation is not permissible by law, hence, the same was challenged by a Writ Petition No. 16306 (W) of 2015 filed by some interested persons under the guise of Public Litigation and the same is still pending.;