JUDGEMENT V.K. SHARMA, J. - 1. THESE petitions were heard and decided by a Division Bench, comprising Hon'ble the Chief Justice and Mr. Justice Their Lordships expressed divergence of opinion vide separate judgments delivered on 1.10.2013. Hence, all these matters were placed for hearing before me. 2. AT the time of hearing, learned counsel for the parties made a submission that with regard to the petitioners serving in tribal/difficult areas, there is no divergence of opinion. Consequently, such petitions stood segregated as a separate bunch. With regard to non -tribal areas, it was urged by learned counsel appearing on both sides that the only issue now left to be adjudicated is the question of liability of payment of remuneration to the teachers employed by the School Management Committee (SMC). Whether this liability is that of the State or that of the SMC, is the issue, which the parties confined for adjudication before this Court. The present bunch of petitions pertains to teachers serving in non -tribal areas. 3. AT the threshold, I must clarify that my opinion is based purely on the submissions made by the learned counsel before me. I may not be misunderstood to have either discussed or commented upon the respective opinions of my learned brothers. 4. WITH the promulgation of Constitution of India, every State, as per Directive Principles of State Policy (Part - IV), was under an obligation to provide, within a period of ten years from its commencement, free and compulsory education to all children uptill the age of fourteen years. With the constitution (Eighty -sixth amendment) Act, 2002 (referred to as the "Amendment Act"), Article 45 stood amended and State was obliged to make an endeavour to provide early childhood care and education to all children until they complete the age of six years. Significantly, the "Amendment Act" introduced a new Article 21A, in Part -III (Fundamental Rights) of Constitution of India, making it mandatory for the States to provide free and compulsory education to all children from the age of six to fourteen years, in a manner as the State may, by law determine. By the very same amendment, it became mandatory for a parent/guardian to provide opportunity for education to such children. Also, a new Clause (K) was introduced in Article 51A (Fundamental Duties) of Constitution of India. By the very same amendment, it became mandatory for a parent/guardian to provide opportunity for education to such children. Also, a new Clause (K) was introduced in Article 51A (Fundamental Duties) of Constitution of India. Pursuant to the Constitutional mandate and requirement, Parliament of India enacted the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as the Act), which came into force w.e.f. 1.4.2010, though notified on 26.8.2009. The object and purpose of the enactment is to strengthen the social fabric of Indian democracy by providing equal opportunities to all, in the field of education. The concept of "neighbourhood schools" was introduced. State is duty bound to provide free and compulsory education to all children upto the age of fourteen years. Not only standard of education is to be enhanced, but children from marginalized, disadvantaged groups and weaker sections of society are to be afforded opportunities of basic elementary education. With this enactment, every child has a right to be provided full time satisfactory and quality elementary education in a formal school, fulfilling all essential norms and standards. This object is to be achieved by the State, by providing schools and ensuring admission, attendance and completion of elementary education. 5. CHAPTER -II of the Act provides for free and compulsory Right of Elementary Education, from first to eighth class, to children between the age of six and fourteen years. 6. CHAPTER -III of the Act provides for duties of the appropriate authority and the parents. Section 6 of this Chapter mandates the appropriate Government/local authority to establish neighbourhood schools. The burden to establish the same is both upon the Central and State Governments. Provisions of Sections 7, 8(b) and 8(d) of the Act are abundantly clear in this regard. It is mandatory for the appropriate Government, not only to establish infrastructure, but also ensure posting of teaching staff in such schools. Chapter -IV of the Act fixes responsibility of the schools, including teachers, for fulfilling and achieving its object and purpose. Section 21 of the said Chapter, mandates establishment of School Management Committees, hereinafter referred to as SMC(s), who are obliged to perform certain functions. For the purposes of convenience and ready reference, the provision is reproduced as under: "21. Chapter -IV of the Act fixes responsibility of the schools, including teachers, for fulfilling and achieving its object and purpose. Section 21 of the said Chapter, mandates establishment of School Management Committees, hereinafter referred to as SMC(s), who are obliged to perform certain functions. For the purposes of convenience and ready reference, the provision is reproduced as under: "21. (1) A school, other than a school specified in sub -clause (iv) of clause (n) of section 2, shall constitute a School Management Committee consisting of the elected representatives of the local authority, parents or guardians of children admitted in such school and teachers: Provided that atleast three -fourth of members of such Committee shall be parents or guardians: Provided further that proportionate representation shall be given to the parents or guardians of children belonging to disadvantaged group and weaker section: (2) The School Management Committee shall perform the following functions, namely: - (a) monitor the working of the school; (b) prepare and recommend school development plan; (c) monitor the utilization of the grants received from the appropriate Government or local authority or any other source; and (d) perform such other functions as may be prescribed. (Emphasis supplied) 7. SECTION 2(l) of the Act defines the word "Prescribed". 8. PUPIL -teacher ratio is to be maintained in the school, in accordance with the provisions of Section 25 of the Act and the schedule notified thereunder. For the present, Schedule prescribes ratio of two teachers for every 60 students to be maintained from Class -1 to Class -5 and one teacher each in the subjects of Science, Mathematics, Social Studies and Language for 35 students from Class -6 to Class -8. These teachers must possess minimum academic qualification, to be notified under Section 23 of the Act and as per Section 26, all posts of teachers must be filled -up and under no circumstances, vacancy of a teacher is to exceed 10% of the total sanctioned strength. 9. CHAPTERS V, VI and VII of the Act deal with laying down of the curriculum, as also protection of rights of children in the school and establishment of authority(s) to monitor the same. Section 35 of Chapter -V (Miscellaneous) empowers the Central Government to issue guidelines to the appropriate authority/local authority and Section 38 empowers the "appropriate Government" to frame Rules for carrying out the functions under the Act. 10. Section 35 of Chapter -V (Miscellaneous) empowers the Central Government to issue guidelines to the appropriate authority/local authority and Section 38 empowers the "appropriate Government" to frame Rules for carrying out the functions under the Act. 10. ON 9.4.2010, the Central Government framed Right of Children to Free and Compulsory Education Rules, 2010 (hereinafter referred to as the "Central Rules"). Part -II of the said Rules mandates constitution of SMC(s) and provides for functions to be discharged by them. Rule 6 reads as under: "(6) The said Committee shall, in addition to the functions specified in clauses (a) to (d) of sub -section (2) of section 21, perform the following functions, namely: - (a) communicate in simple and creative ways to the population in the neighbourhood of the school, the rights of the child as enunciated in the Act; as also the duties of the appropriate Government, local authority, school, parent and guardian; (b) ensure the implementation of clauses (a) and (e) of section 24 and of section 28; (c) monitor that teachers are not burdened with non academic duties other than those specified in section 27; (d) ensure the enrolment and continued attendance of all the children from the neighbourhood in the school; (e) monitor the maintenance of the norms and standards specified in the schedule: (f) bring to the notice of the local authority any deviation from the rights of the child, in particular mental and physical harassment of children, denial of admission and timely provision of free entitlements as per sub -section (2) of section 3; (g) identify the needs, prepare a plan, and monitor the implementation of the provisions of Section 4; (h) monitor the identification and enrolment of, and facilities for education of children with disability, and ensure their participation in and completion of elementary education; (i) monitor the implementation of the mid -day meal in the school; (j) prepare an annual account of receipts and expenditure of the school." (Emphasis supplied) In exercise of its power, under Section 38 of the Act, State of Himachal Pradesh has also notified (5.3.2011) its Rules, known as Right of Children to Free and Compulsory Education, Himachal Pradesh, Rules, 2011 (hereinafter referred to as the "H.P. Rules"). In terms of these Rules, "neighbourhood schools" stand defined for the purpose of their establishment within the State. Relevant provisions of the Rule is extracted as under: "15. In terms of these Rules, "neighbourhood schools" stand defined for the purpose of their establishment within the State. Relevant provisions of the Rule is extracted as under: "15. Salary and allowances and conditions of service of teachers for the purpose of section 23(3) -The salary and allowances payable to and the terms and conditions of service of teachers of schools specified in sub -clause(i) of clause (n) of section 2, shall be as may be specified by the State Government from time to time through its various Recruitment and Promotion Rules of the respective posts and other orders/instructions issued by the State Government. Provided that the State Government may through a scheme notified by it, allow the School Management Committee to engage teachers on part -time or temporary basis and pay them at such rates as are specified in the instruction issued by the State Government." (Emphasis supplied) 11. FOR the purpose of composition and functions to be discharged by the SMC(s), State of H.P., as per Rule -11, has accepted its guidelines so notified vide communication dated 6.3.2010. 12. AT this juncture, it be noticed that prior to notification of the Act and the Rules (Central and State), in the Spirit of Article 21A, the Under Secretary (Education), Government of Himachal Pradesh, vide communication dated 6.3.2010 conveyed approval of the Government for constitution of SMC(s), empowering them to perform the following functions: "4. Power and responsibilities of School Management Committee School Management Committee with the help of its executive committee will have the authority to perform following functions: 4.1 Steps would be taken for enrolment, ensure retention and reduce dropout to achieve the Universalization of education. 4.2 To ensure quality education and to monitor learning level of students regularly. Student's evaluation will be monitored by the system of Continuous Comprehensive Evaluation and the progress cards should be discussed with parents and remedial steps to be taken accordingly. 4.3 To develop, implement and monitor School development plan. 4.4. To ensure proper utilization of grants received from government and any other agency. 4.5 To ensure timely availability of free text books, writing material, uniform, grants and scholars hips to the students. 4.6 To ensure the implementation, quality and monitoring of Mid Day Meal. 4.7 To provide clean drinking water and toilet facility and to ensure cleanliness of toilets and school premises. 4.5 To ensure timely availability of free text books, writing material, uniform, grants and scholars hips to the students. 4.6 To ensure the implementation, quality and monitoring of Mid Day Meal. 4.7 To provide clean drinking water and toilet facility and to ensure cleanliness of toilets and school premises. 4.8 To organize regular medical checkup for students in convergence with department of Health and also to maintain health cards. 4.9 To ensure the implementation of provisions of Right of Children to Free and Compulsory Elementary Education Act -2009. 4.10 Ensure regular attendance of students and teachers. School Management will be empowered to bring to the notice of CHT/BEEOs for necessary action, the instances of absence and irregularity in absorbing school timings by teachers. CHT/BEEOs will take necessary action on the request and inform the same to Deputy Director Education. If in the general house of any recommendation is made in this context, then departmental officer will be bound to take time bound decision in the matter. 4.11 If in the general house of the SMC while praising the special contribution of any teacher in the development of the school or the students, in its last meeting of the academic session recommends that such teacher should not be transferred and the General house sends such resolution to the Dy. Director of education, then such teachers shall not be transferred from such school during the next one session. Similarly, if the General house of the SMC is not satisfied with the work of any teacher and that teacher has completed here/his normal tenure in the school, such teacher shall be transferred from that school. Such matters can be taken up for discussion only during the meeting convened after declaration of examination result and in no other meeting such decision can be taken. 4.12 The School Management Committee will carry out the annual appraisal of the work done by the part time and the contract workers and the renewal of the contract will be done on the recommendation of the School Management Committee. 4.13 In proper identification of CWSN and bring them within the fold of integrated education. 4.14 To provide support in the co -curricular programmes, Bal -Melas, science fairs and sports activities and increase the participation of the community. 4.13 In proper identification of CWSN and bring them within the fold of integrated education. 4.14 To provide support in the co -curricular programmes, Bal -Melas, science fairs and sports activities and increase the participation of the community. 4.15 To make various purchases for the school, subject to budget availability, for instance, the Teaching Learning Material, furniture, stationary and other items required for the school, lab instruments, library books, writing material for the students as per government schemes, various kits, school dresses, computer and related equipment etc. 4.16 To carry out the constructions work/repair work of the school building and other infrastructural facilities. The SMC will have the authority to carry out the construction/repairs itself or get it done as per the directions. For this purpose, the SMC may constitute a sub - committee or may enter into a contract with a competent institution or the Panchayat. 4.17 The utilization of the annual school grant and the maintenance grant shall also be done through the School Management Committee. 4.18 Ensure proper utilization of the library available in the school for increasing the habit of reading among the students. 4.19 If required, to select the part -time/contract teachers as per the Government Policy but the SMC will not have the authority to appoint any part time/contract worker without the approval of the authorised officer. 4.20 Submit the annual report of the SMC in the General House and to make available its one copy to the concerned Gram Panchayat and the Centre Head Teacher. 4.21 Resources of the School Management Committee." (Emphasis supplied) Petitioners herein, stand appointed by the SMC(s), in terms of these guidelines. Undisputedly there are no other instructions, guidelines, notifications etc. issued either by the Centre or the State. It is not in dispute that their appointments are on contract basis and that too for a particular academic session. It being a different matter that fresh contracts are executed between them and the SMC(s) for each academic session. Petitioners are serving in the very same schools for the last one/two/three year(s). 13. WITH respect to tribal/difficult areas, State has now formulated a policy, notified on 17.7.2012, specifically empowering the SMC(s) to engage teachers and that too for certain categories but on period -wise basis. Even this policy mandates that the Deputy Director of Education, only after "verifying the vacancies", can "allow" the SMC(s) to appoint eligible teachers. 13. WITH respect to tribal/difficult areas, State has now formulated a policy, notified on 17.7.2012, specifically empowering the SMC(s) to engage teachers and that too for certain categories but on period -wise basis. Even this policy mandates that the Deputy Director of Education, only after "verifying the vacancies", can "allow" the SMC(s) to appoint eligible teachers. Procedure prescribed for selection is transparent. Any violation thereof is to be dealt with strictly. Unambiguously, it stands clarified that appointment of such teachers has to be as per the "eligibility criteria" "laid down" "in the Recruitment and Promotion Rules". Significantly, even these appointments are for a limited period and automatically terminable, ending with each academic session. Appointments can be made only with respect to post(s) of PGTs, TGTs, JBTs, Shastris, LTs. Crucially, State has restricted the amount of grant/aid payable as salary to such teachers by the SMC(s). Any excess amount towards salary is to be borne by the SMC(s). 14. NECESSITY for formulation of such policy arose only when it came to fore that large number of vacancies arose/fell vacant in these areas, as teachers were reluctant to be posted there. Also, retirement/transfers/promotions were additional contributing factors. Pertinently, State has a totally different Transfer Policy for establishment of schools and posting of teachers in these areas. It is a settled principle of law that legislative and executive action is sustained only after it satisfies the twin test of reasonable classification and the rationale principle is co -related to the object sought to be achieved, onus to prove, lies on the State. Article 14 of Constitution of India forbids class legislation but permits reasonable classification for the purpose of legislation. The classification must be founded on an intelligible differentia which distinguishes things/persons grouped together from those that are left out and that such differentia has a rational nexus to the object sought to be achieved. (See: D.S. Nakara and others versus Union of India, (1983)1 SCC 305 ). 15. HAVING said this, I must clarify that I have not examined the legality of the policy meant for tribal/difficult areas. The question, whether it is violative of Part -III of Constitution of India or not stands decided by my esteemed brothers in their separate opinions. 16. COMING to the core issue, I find that the underlying object, purpose and scope of the Act, Central/H.P. Rules and the guidelines is not to appoint teachers. The question, whether it is violative of Part -III of Constitution of India or not stands decided by my esteemed brothers in their separate opinions. 16. COMING to the core issue, I find that the underlying object, purpose and scope of the Act, Central/H.P. Rules and the guidelines is not to appoint teachers. In fact, it is to provide free and compulsory education to children and lay down duties and obligations of the facilitators, i.e. the appropriate Government/authority, the parents/guardians, teachers and the SMC(s). The Act only empowers the State to prescribe and lay down minimum standards for appointment of teachers, who are required to fulfill and achieve the objects of the Act. It is not in dispute, nor can it be disputed that in terms of the guidelines or the Rules, the State has not issued any Policy or notified any scheme, empowering the SMC(s) to appoint any teachers. Also, there are no instructions specifying the rates at which the teachers are to be paid remuneration. (Section 21, H.P. Rule 15 and guidelines Clause 4.19). Guidelines communicated on 6.3.2010 specifically mandates that SMC(s) "will not have the authority to appoint any part -time/contract worker", which could be done only with the "approval" of the "authorized officer". The language is unambiguously clear. It is couched negatively. Unless there is any express authority, no appointment can be made. Now, in the instant case, there is nothing on record to even remotely suggest that any such approval was either sought for or accorded by the authorized officer. Who is this authorized officer is not defined, but can be construed to be a competent authority in the Government. Thus, from no angle, it can be said that the Government had ever authorized the SMC(s) to appoint any teacher(s) on part -time/contract basis. Contracts executed between the petitioners and the SMCs are without knowledge, consent or approval of the State Government. Perhaps it is for this reason that till now, even after three years, the State has not made any budgetary provision for paying salaries to such teachers. 17. APPOINTMENT to a post of teacher, to be posted in various schools, has to be under the respective Recruitment and Promotion Rules and not in terms of the Act. Undisputedly, petitioners' appointments are not under, if not in accordance with, the Recruitment and Promotion Rules, framed by the State. 18. 17. APPOINTMENT to a post of teacher, to be posted in various schools, has to be under the respective Recruitment and Promotion Rules and not in terms of the Act. Undisputedly, petitioners' appointments are not under, if not in accordance with, the Recruitment and Promotion Rules, framed by the State. 18. THUS, to my mind, it cannot be said that petitioners' appointment is in terms of guidelines communicated on 6.3.2010 or with the approval of the Government in terms of any scheme/instructions. The only un -resistible conclusion derived from the conjoint reading of Sections 21, 2(L) of the Act, "Central Rules" or Rules 15 and 11 of H.P. Rules, is that neither any scheme was framed/ notified by the State nor any authority was conferred upon the SMC(s) to appoint teachers. As such no financial liability can be fastened upon the State. According to the petitioners, since large number of posts (about 7000) were lying vacant in various schools, out of necessity, they were engaged to discharge public function and as such, in view of Section 70 of the Indian Contract Act, 1872, the State is duty bound to pay remuneration for the services so rendered by them. In support, learned counsel have referred to and relied upon the binding precedents of the apex Court in Mulamchand versus State of Madhya Pradesh, AIR 1968 SC 1218 ; and State of West Bengal versus M/s B.K. Mondal and Sons, AIR 1962 SC 779 . 19. IMPERATIVELY, petitioners have to first establish the most essential ingredient of Section 70 of the Contract Act, i.e. they have "lawfully" done something. An act committed in violation of statutory provisions and executive instructions, cannot be said to be lawful, within the meaning of the Contract Act. Expression "lawfully" used in the said Section postulates cases in which a person holds a relation either directly to create or by implication reasonably to justify influence, that by some act done for another person, the party is entitled for compensation from whom the work is done. Now, in the instant case, as already observed, there is nothing on record to establish that the Government had ever authorized anyone, muchless the petitioners, to perform any act or that petitioners were under a legal obligation to do so, on the promises/representations extended by the State or its functionaries. Hence, the decisions referred supra are inapplicable to given facts. Now, in the instant case, as already observed, there is nothing on record to establish that the Government had ever authorized anyone, muchless the petitioners, to perform any act or that petitioners were under a legal obligation to do so, on the promises/representations extended by the State or its functionaries. Hence, the decisions referred supra are inapplicable to given facts. SMC(s) as a statutory body, is competent to enter into contractual obligation. The remedy, in my considered view, assuming that the act of the petitioners is not gratuitous, would lie against the respective SMC(s) and not the State. 20. IT is next urged that SMC(s) is an agent of the State. Acts of an agent bind the principal, and as such, State is duty bound to pay remuneration to the petitioners. The contention only merits rejection. SMC(s) is an independent body, created by a statute, under an obligation to perform functions and duties, so prescribed under the Act or Rules framed thereunder. SMC(s) cannot be said to be a person or body employed to do an act for another. It also does not represent another in dealing with a third party. In the absence of any scheme being notified or instructions issued (H.P. Rule 15) and the express bar contained in Clause 4.19 (Guidelines communicated on 6.3.2010), State cannot be fastened upon any liability so incurred or promises made by the SMC(s). It is urged that since the State is obliged to fix remuneration and allowances payable to teachers as also prescribe terms and conditions of service under sub -section (3) of Section 23 of the Act, it is also duty bound to pay salaries to the petitioners. The contention merits rejection. Statutory provision has to be interpreted and applied correctly in the backdrop of object sought to be achieved. The enabling provision is to enhance and ensure the level of teachers to be appointed to overall increase the standards of education to be imparted to the children. The Act is child -centric. Appointment of teachers, unless otherwise authorized, are to be made under independent Recruitment and Promotion Rules, framed under Article 309 of Constitution of India. Both operate in different fields to achieve different/separate objects and purpose. 21. IT is urged that in view of Article 162 of Constitution of India, guidelines notified vide communication dated 6.3.2010 is the law under Article 13(3). Both operate in different fields to achieve different/separate objects and purpose. 21. IT is urged that in view of Article 162 of Constitution of India, guidelines notified vide communication dated 6.3.2010 is the law under Article 13(3). To say the least, contention is preposterous. It only merits rejection. Guidelines communicated on 6.3.2010, only pertain to the constitution of the SMC(s). At that point in time, there was no enactment. These guidelines, more so for the purposes of appointment of teachers, cannot partake the nature of law, particularly when, with effect from 1st of April, 2010 there was a specific legislation operating in the field. The Executive has a power to make regulations, issue instructions/guidelines, having the effect of law, so long as it does not contravene any legislation, covering the field. (See: State of Madhya Pradesh and another versus Kumari Nivedita Jain and others, (1981) 4 SCC 296 ; and State of Andhra Pradesh and another versus Lavu Narendranath and others etc., (1971) 1 SCC 607 ). 22. CAN it be said that there is a deep and pervasive control of the State upon the SMC(s) and as such, teachers so appointed by it, are entitled to claim salary from the State. I am afraid not so. Even this contention only merits rejection. As already observed, SMC(s) is a creation of a statute entitled and authorized to discharge specific functions, exercise powers and perform duties under the Act and the Rules (Central/State). It is a body constituting public representatives, parents and teachers. Petitioners' rights and entitlements are governed in terms of their contractual obligations with the SMC(s), which has nothing to do with the State. Still further, it is urged, that in the periodical reports submitted to the State authorities, SMC(s) have been clearly indicating engagement of the petitioners as teachers. Absence of any specific objection by Officer(s)/ officials of Department of Education, raises presumption of tacit approval, of the actions of the SMC(s). Though not specifically argued but in effect, plea of promissory estoppel and legitimate expectation is raised against the State. On first brush, submission appears to be attractive, but then learned counsel failed to base it on any principle of law. At no point in time, State ever made any representation, intending to regularize the unauthorized acts of the SMC(s). Clause 4.19 (guidelines) is evidently clear. On first brush, submission appears to be attractive, but then learned counsel failed to base it on any principle of law. At no point in time, State ever made any representation, intending to regularize the unauthorized acts of the SMC(s). Clause 4.19 (guidelines) is evidently clear. In the attending circumstances, silence alone cannot be construed as a consent. After all, SMC(s) can enter into contractual obligation, independently. Functionaries of the State may have accepted it as such. That apart, principle of promissory estoppel cannot be applied against the Government, if it is under an obligation and liability, imposed by law, to act differently, nor can the question of waiver of Rules apply in the instant case. (See: M/s Motilal Padampat Sugar Mills Co. Ltd. versus State of Uttar Pradesh and others, (1979) 2 SCC 409 ). Not only there is no pleading and proof in that regard, but I find that petitioners have failed to establish that there is an intentional act, with knowledge, on the part of the State or its functionaries, of any promise having been made out to the petitioners in any point in time. Neither was there any representation nor any foundation of plea of legitimate expectation by the petitioners. 23. ALSO, there cannot be any estoppel in law and more so against the statute. (See: M/s Jit Ram Shiv Kumar and others versus State of Haryana and others, (1981) 1 SCC 11 ). 24. NON -statutory rule, order or other instrument would operate as a promissory estoppel against the Government only if the instrument contains a representation made by an official of the Government, within the scope of his authority, in a manner required by law. It is only then the same would bind the Government, otherwise any other representation would not preclude the Government, or come in its way from discharging its functions under law. It be only observed that in view of specific Rules, with regard to appointment, in the absence of any express authority, conflicting actions of the SMC(s) cannot in law bind the Government for the purpose of petitioners' claim of remuneration. Hence, for all the aforesaid reasons, I am of the considered view that the State of H.P. cannot be held liable to make good payment of remuneration to the teachers so employed by the SMC(s). 25. Hence, for all the aforesaid reasons, I am of the considered view that the State of H.P. cannot be held liable to make good payment of remuneration to the teachers so employed by the SMC(s). 25. LIABILITY of the SMC(s) to pay the amounts to the petitioners is not disputed by the State. Hon'ble the Chief Justice has already elaborated on the extent of powers, which SMC(s) have for raising funds to pay remuneration to the teachers so employed by them. In fact, there is a direction to the State to consider formulating a policy to compensate the SMC(s) in non -tribal areas, by providing commensurate grant -in -aid in respect of contractual teachers. Here, I may also add that no doubt, Policy formation is the prerogative of the State, but then there has to be some justification for not extending similar concessions/benefits to teachers of non -tribal areas, which stand extended to teachers appointed in tribal areas. State may also consider this aspect. 26. HOWEVER, the matter does not end here. There is one significant fact, which has come to light during the course of hearing. Hence, keeping in view the principles of law laid down by the apex Court in Society for Unaided Private Schools of Rajasthan versus Union of India and another, (2012) 6 SCC 1 , I am duty bound, more so, by virtue of Article 144 of Constitution of India to deal with the same. In Society for Unaided Private Schools (supra), relying upon Ashoka Kumar Thakur v. Union of India (2008) PA Inamdar and others versus State of 6 SCC 1; Maharashtra and others, (2005) 6 SCC 537 ; Unni Krishnan, J.P. & Ors. v. State of Andhra Pradesh & Ors., (1993) 1 SCC 645 ; Mohini Jain v. State of Karnataka and Ors., (1992) 3 SCC 666 ; and other decisions, it stands reiterated by the apex Court that Article 21A is child -centric and Right to Life (Article 21), includes access to education. All authorities must strictly enforce the law, in the present case a fundamental right, in the light of law laid down by the apex Court. 27. TEACHERS play an important and significant role in enhancing the intellectual skills and capacities of children of tender age. Teacher is an engine of the education system and an instrument in awakening children to cultural values. 27. TEACHERS play an important and significant role in enhancing the intellectual skills and capacities of children of tender age. Teacher is an engine of the education system and an instrument in awakening children to cultural values. He plays a vital role in instilling values of quality, social justice and democracy for creation of just and human society. A teacher must possess potential to deliver enlightened service to the society and must have quality to inspire, instill and motivate children through his actions. All this is only to build a better nation in future. (See: Bhartiya Seva Samaj Trust through President and another Vs. Yogeshbhai Ambalal Patel and another, (2012) 9 SCC 310 ). 28. HERE, I deem it necessary to extract relevant provisions of the Act and the Rules: Section 6. "Duty of appropriate Government and local authority to establish school. -For carrying out the provisions of this Act, the appropriate Government and the local authority shall establish, within such area of limits of neighbourhood, as may be prescribed, a school, where it is not so established, within a period of three years from the commencement of this Act." (Emphasis supplied) Section 8. "Duties of appropriate Government. - The appropriate Government shall - (a) ............ (b) Ensure availability of a neighbourhood school as specified in section6; (c) ............ (d) provide infrastructure including school building, teaching staff and learning equipment; (e) to (f) ...................... (g) ensure good quality elementary education conforming to the standards and norms specified in the Schedule; (h) and (i) ........................" Section 25 "Pupil -Teacher Ratio -(1) Within six months from the date of commencement of this Act, the appropriate Government and the local authority shall ensure that the Pupil -Teacher Ratio, as specified in the Schedule, is maintained in each school. (2) For the purpose of maintaining the Pupil - Teacher Ratio under sub -section (1), no teacher posted in a school shall be made to serve in any other school or office or deployed for any non - educational purpose, other than those specified in section 27." (Emphasis supplied) Section 26 "Filling up vacancies of teachers - The appointing authority, in relation to a school established, owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate Government or by a local authority, shall ensure that vacancy of teacher in school under its control shall not exceed ten per cent of the total sanctioned strength." (Emphasis supplied) Sub -rule (2) of Rule 22 of the Central Rules mandates that any person violating provisions of Section 25(2) shall be personally liable for disciplinary action. The same reads as under: "22. Maintaining pupil -teacher ratio. - 1. ....................... 2. If any person of the Central Government, appropriate Government or the local authority violates the provisions of sub -section (2) of section 25, he or she shall be personally liable for disciplinary action." 29. RULE 4 of the H.P. Rules prescribes territorial and geographical limits of neighbourhood schools. A primary school located within a walking distance of 1.5 kms is to be established for a minimum strength of 25 children in the age group of 6 to 11 years and upper -primary school is to be established within a walking distance of 3 kms for not less than 25 children in class 5th, of the feeding primary school. 30. DURING the course of hearing, this Court had directed the State to furnish particulars of total number of schools and the number of posts of regular teachers lying vacant in non -tribal areas. In response thereto, communication dated 15.10.2013, addressed to the learned Advocate General, State of Himachal Pradesh, is placed on record, relevant portion whereof, is extracted as under: "In this regard it is submitted that the required information is as under: 1. The total number of schools functioning in Himachal Pradesh: - (i) Primary Schools = 10739 (ii) Middle Schools = 2354 (iii) High Schools = 821 (iv) Senior Secondary Schools = 1359 Total = 15273 2. The vacancies of regular teachers: (i) J.B.Ts. = 1337 (ii) T.G.Ts. = 1122 (iii) C& V(Shastri, L.T., D.M., = 4314 P.E.T, Home Sc., Music Tr., Punjabi Tr. Yoga Tr., Urdu Tr. The vacancies of regular teachers: (i) J.B.Ts. = 1337 (ii) T.G.Ts. = 1122 (iii) C& V(Shastri, L.T., D.M., = 4314 P.E.T, Home Sc., Music Tr., Punjabi Tr. Yoga Tr., Urdu Tr. (iv) Lecturers (English, Economics, 863 Hindi, History, Political Sc. Commerce, Sanskrit, Maths, Chemistry, Biology, Geography) (v) DPEs. = 72 Total = 7708 Shockingly, there are 7708 regular posts of teachers lying vacant in various schools throughout the State. Learned Advocate General informs that all steps for filling -up such vacancies, in accordance with law, stand initiated. There is no reason to disbelieve such instructions imparted to him. He also assures of expediting such process. However, till such time these posts are filled -up, the State has to make some interim arrangements. Whether 7708 posts are in excess of the prescribed limit or not is not clear, but no post in excess of limit prescribed under Section 26 of the Act can be left vacant. It is for the State to verify such facts. 31. PETITIONERS contend that they stand appointed, on contract basis, against some of these posts. In fact, it is urged that the total number of teachers appointed are more than 7000. Petitioners' claim to continue beyond their contractual tenure or till regularly appointed person(s) joins stands rejected unanimously by my learned brothers. With the petitioners' services being dispensed with, these posts shall fall vacant. It is here some innovation is required on the part of the Government. Some immediate remedial measures for ensuring that no post(s), in excess of the limits prescribed under Section 26 of the Act, in compliance of Section 27 are left vacant, till such time teachers are appointed on regular basis, in accordance with the relevant Recruitment and Promotion Rules. Interest of children cannot be allowed to be compromised. Children and their studies must not suffer. Perhaps Government may or may not consider extending the policy framed for the tribal/difficult areas to non -tribal areas. But then this is a policy decision, which the State is required to take at its own level. Definitely, students cannot be allowed to suffer for inaction on the part of the State/its functionaries. Erring Officer(s)/officials are liable for action under the Act/Rules. The pupil -teacher ratio must be maintained in the schools under all circumstances. After ascertaining the factual position, State shall take all remedial measures. Conclusion 1. Definitely, students cannot be allowed to suffer for inaction on the part of the State/its functionaries. Erring Officer(s)/officials are liable for action under the Act/Rules. The pupil -teacher ratio must be maintained in the schools under all circumstances. After ascertaining the factual position, State shall take all remedial measures. Conclusion 1. Liability to pay remuneration to the teachers appointed by the School Management Committees, in non -tribal areas is not that of the State. 2. Government of Himachal Pradesh and its functionaries shall ensure strict compliance of the provisions of Right of Children to Free and Compulsory Education Act, 2009, more specifically Sections 25, 26, 27 and the relevant Rules framed thereunder. This has to be in the light of observations made herein above.