Hon’ble Dr. Dhananjaya Yeshwant Chandrachud, C.J.—By these proceedings which have been instituted by 31 petitioners under Article 226 of the Constitution, there is a challenge to the constitutional validity of Clause (III) (i) (a) of a notification dated 29 July 2011 issued by the National Council for Teacher Education (NCTE) for the purpose of amending earlier notifications laying down minimum qualifications of eligibility for appointment as a teacher. NCTE has issued the said notification in exercise of powers conferred by Section 23 (1) of the Right of Children to Free and Compulsory Education Act, 2009 (Act of 2009).

2. The petitioners have passed the Teacher Eligibility Test (TET) after completing their B Ed course and after being awarded the degree qualification. Admittedly, the petitioners did not secure more than 45 percent marks in the Bachelor’s degree examination. They obtained admission to the B Ed course on the strength of having obtained more than 50 percent marks in the Postgraduate degree examination. The State Government issued a Government Order dated 27 September 2011 for making appointments of Assistant Teachers in Junior Basic Schools. Following an amen