Subhasis Talapatra, J.

1. The writ petitions sans some insignificant variations having been founded on identical fact and questions of law; are tied up for the purpose of disposal by a common judgment and order. 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".

2. 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.

3. The Central Government, in exercise of power as conferred upon it by Section 38 of the RTE Act, has framed the Right of Children to Free and Compulsory Education Rules, 2010 (for short 'the RTE Rules').

4. Part VI of the said RTE Rules delineates inter alia, the minimum qualifications, relaxation of minimum qualifications, acquiring minimum qualifications, salary and allowances and conditions of service, duties performed by teachers etc. Rule 17 of the RTE Rules provides that the Central Government shall within one month of the appointed date, notify an academic authority for laying down the minimum qualification for a person to be eligible to be appointed as a teacher. The said academic authority notified under sub-rule (1) shall within three months of such notification, lay down the minimum qualifications for persons to be eligible for appointment as a teacher in a elementary school [sub-rule (2)]. It further provides that the minimum qualification laid down by the academic authority referred to in sub-rule (1) shall be applicable to every school referred to in clause(n) of section 2 [sub-rule (3)]. Thereafter, Rule 18 of the RTE Rules provides relaxation of minimum qualification subject to certain conditions. The said provisions postulate that the State Government and the Union Territory shall, within six months from the commencement of the RTE Act, estimate the teachers requirement as per the norms in the schedule for all schools referred to in clause(n) of Section 2 [sub-rule (1)]. It further postulates that where a State Government or a Union Territory does not have adequate institutions offering courses or training in teacher education or person possessing minimum qualification as notified in sub-rule (2) of Rule 17 are not available in sufficient numbers in relation to the requirement of teachers estimated under sub-rule (1), the State Government or the Union Territory shall request within one year of the commencement of the RTE Act the Central