- (1.) The writ petitions sans some insignificant variations having founded on identical fact and questions of law are tied up for purpose of disposal by a common judgment and order.
(2.) The essential facts are required to be introduced at the outset for appreciating the controversy involved in these writ petitions. With the advent of the Right of Children to Free and Compulsory Education Act, 2009, which came into force on 01.04.2010, certain authorities have been created for various purposes to provide free and compulsory education to all children of the age group of 6-14-year, meaning thereby the "elementary education" which has been defined in Section 2(f) of the Right of Children to Free and Compulsory Education Act, 2009 (for short 'the RTE Act') as "(f) "elementary education" means the education from first class to eighth class".
(3.) Section 23 of the said RTE Act deals with qualifications for appointment and terms and conditions of service of teachers. It provides as under : "(1) Any person possessing such minimum qualifications, 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.";