Thottathil B. Radhakrishnan, J.

1. The Petitioner challenges the Chhattisgarh Teacher (Panchayat) Cadre (Recruitment and Conditions of Service) Rules, 2012; for short 'Rules'; to the extent it prescribes graduation in History or Geography as part of the minimum qualification for appointment as Teacher (Panchayat) in Social Science. The pointed challenge is against the prescription of Geography or History for graduation, as compulsory for a person to be appointed as a Panchayat Teacher in Social Science.

2. The learned counsel for the Petitioner argued that in terms of the provisions of the Right of Children to Free and Compulsory Education Act, 2009; for short 'RF&CE Act'; the competent authority had prescribed the Chhattisgarh Teacher Eligibility Test (for short 'TET') and the Petitioner has been successful in that test. He argued that the prescription as to such test having been made by the competent authority under the RF&CE Act, there cannot be any contrary prescription as to qualification through any State law or decision. Making reference to Entry 25 in List III of the Seventh Schedule of the Constitution, it is argued that any such prescription would impinge the primacy