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06. According to respondents Section 23 of the RTE Act prescribes that a person to be eligible for appointment as a teacher shall possess such minimum qualification as laid down by an academic authority authorized by the Central Government by notification. The Central Government has notified National Council for Teacher Education (for short NCTE) as an academic 30 wp 4904.20 authority authorized to lay down the minimum qualification for appointment of teachers. Under notification dated 23rd August, 2010, the NCTE laid down minimum qualification for a person to be appointed as a teacher in Class I to VIII. One of the essential qualification is that he should pass TET. The guidelines were also issued on 11th February, 2011 to that effect. The guidelines also prescribe the methodology of examination. The TET is conducted by the Maharashtra State Council of Examination Pune on 15.12.2013, 14.12.2014, 16.01.2016, 07.06.2016, 22.07.2017, 15.07.2018 and 19.01.2020. It has also conducted Central Teachers Eligibility Test (for short CTET) examinations from June 2011 on wards. The exams are conducted on 26.06.2011, 29.01.2012, 18.11.2012, 28.07.2013, 16.02.2014, 21.09.2014, 22.02.2015, 20.09.2015, 21.02.2016, 18.09.2016, 09.12.2018 and 07.07.2019. The teachers could have either appeared for TET or CTET. According to the learned counsel, the syllabus was also approved. The allegation of non framing of syllabus is not true. Since 2013 TET is conducted in Marathi, Urdu and English languages and the syllabus is also framed.

07. The learned counsel rely on the judgment of the Division Bench of this Court at its Principal seat at Bombay dated 28.01.2020 in Writ Petition No. 747 of 2020 with other connected writ petitions. The NCTE by notification dated 23.08.2010 and 29.07.2011 declared that, it would be compulsory for primary teachers teaching (I to VIII standards) to acquire TET qualification and the same would be minimum educational and professional qualification. Initially the NCTE provided that the 31 wp 4904.20 requisite eligibility had to be obtained by the concerned primary teachers before 31.03.2015. The corrigendum dated 06.03.2013 relied by the petitioners was clarifying that existing teachers appointed before 13.02.2013 were not required to complete TET. Earlier under Government Resolution dated 30th June, 2016, the State Government provided for three opportunities to acquire TET qualification. On 09.08.2017 and 17.10.2017, the RTE Act was amended and the time period to obtain TET qualification was provided upto 31.03.2019. Pursuant thereto, the State Government issued Government Resolutions dated 24.11.2017 and 24.08.2018 clarifying that the concerned teachers should obtain minimum qualification latest by 30 th June, 2019 and those who did not obtain the said qualification shall be removed from services. The TET examinations were conducted as detailed and in all 69,706 teachers have cleared TET examination in between 2013 - 2018. There are other persons who have cleared Central TET. The State Government requested the Government of India by letter dated 06.05.2019 to give one final opportunity to remaining teachers to acquire minimum qualification. The Central Government under its reply dated 03.06.2019 declined to accept the request of the State Government. In view of that, directions are given to stop the salaries of the teachers who did not acquire TET qualification within the prescribed period and also to take steps for termination of their services. The communications by the State authorities are only sequel to the RTE Act. The same is to implement the provisions of the RTE Act. There are more than seventy thousand eligible persons who have cleared the TET. There are many TET qualified teachers 32 wp 4904.20 in search of employment and the communications cannot be faulted.

12. The Central Government has appointed NCTE as academic authority within the meaning of Section 23 of the RTE Act vide notification dated 23rd August, 2010. The NCTE under notification dated 23rd August, 2010 laid down the minimum qualification for the person to be eligible for appointment as teacher in Class I to VIII. It inter alia provided that one of the essential qualification for a person to be eligible for appointment as a teacher in any of the schools referred to in Clause (n) of Section 2 of the RTE Act is that, he /she should pass the teacher's eligibility test which will be conducted by the appropriate Government in accordance with guidelines framed by the NCTE. The NCTE has framed the guidelines.

24. In a case of State of Uttar Pradesh Vs. Anand Kumar Yadav 43 wp 4904.20 (supra) the State Government had appointed contractual para teachers (Shiksa Mitras) in the post of primary teachers on honorarium. They did not possess statutory qualification for appointment of teachers prescribed by NCTE. The State Government issued notification to regularize their service as teachers in regular pay scale, though do not confirm to the statutory requirement of qualifications for appointment of teachers in terms of notification of NCTE dated 23.08.2010. The Allahabad High Court struck down the notification. The same is upheld by the Apex Court. The Apex Court held that, proper qualification as per the NCTE notification dated 23.08.2010 is mandatory and cannot be waived. The State Government cannot arrogate to itself the powers of Central Government under Section 23 of the RTE Act. The State Government granting exemption from mandatory minimum qualification prescribed by Central Government under Section 23(2) of the RTE Act is illegal. The present matters are covered by the judgment of the Apex Court in a case of State of Uttar Pradesh Vs. Anand Kumar Yadav (supra).