JUDGMENT : SHREE CHANDRASHEKHAR, J. 1. With a little difference in facts and few variations in the prayer, all these writ-petitions raise a common question, whether for appointment to the post of teacher (Languages) in Upper Primary School (Class-VI to VIII), a qualification of Graduation with Language as one of the Elective/Subsidiary subjects is mandatory or a Graduate in Mathematics/Science or Social Sciences with MIL as a compulsory subject is also eligible for appointment as a Language Teacher in Upper Primary Schools? Answer to this question requires an in-depth examination of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as RTE Act) and the Notifications issued by the National Council for Teacher Education. 2. The RTE Act, 2009 was enacted to provide for free and compulsory education to all children of the age of six to fourteen years. It received the assent of the President on 26.8.2009 and was published in the Gazette of India on 27.8.2009. The Schedule appended to the RTE Act, 2009 provides norms and standards for the schools. For Class-I to V, for every 60 children in a school there shall be a minimum of 2 teachers. The number of teachers has been increased in proportion to the number of children in a school. The Schedule mandates that the pupil-teacher ratio (excluding Head-Teacher) shall not exceed forty. In contra-distinction to the norms and standards for Class-I to V, the Schedule prescribes subject-teachers for Class-VI to VIII. It provides that at least one teacher, each, for (i) Science/Mathematics, (ii) Social Sciences and (iii) Languages, shall be appointed for every 35 children in a school for Class-VI to VIII, and where the number of children is above one hundred there shall be one Full-time Head-Teacher and Part-time Instructors for (i) Art-education, (ii) Health and Physical education and (iii) Work education. 3. The authority authorized by the Central Government under Section 23 of the RTE Act, 2009 is authorized to lay down minimum qualifications for appointment as a teacher. A National Council for Teacher Education has been established under Section 3 of the NCTE Act, 1993. The Council has been established with a view to achieve planned and coordinated development for the teacher education system throughout the country, and for regulation and proper maintenance of norms and standards in the teacher education system and for the matters connected therewith. A National Council for Teacher Education has been established under Section 3 of the NCTE Act, 1993. The Council has been established with a view to achieve planned and coordinated development for the teacher education system throughout the country, and for regulation and proper maintenance of norms and standards in the teacher education system and for the matters connected therewith. The National Council for Teacher Education, established by the NCTE Act, 1993, is the academic authority authorized by the Central Government to lay down minimum qualifications for appointment as a teacher, which by a Notification dated 23.8.2010 laid down such minimum qualifications. This notification was amended vide Notification dated 29.7.2011. The amendment was necessitated in the wake of representations received from the State Governments and other stake-holders for including B.Com. degree in addition to B.A./B.Sc. as one of the qualifications for appointment as a teacher. While Notification dated 23.8.2010 prescribed the educational qualification of B.A./B.Sc. the amended notification simply says Graduation. By Notification dated 29.7.2011, the NCTE has laid down the following "minimum qualifications" for appointment as a teacher for Class-VI to VIII: (a) Graduation and 2-years Diploma in Primary Education (by whatever name known). OR Graduation with at least 50% marks and 1-year Bachelor in Education (B.Ed.). OR Graduation with at least 45% marks and 1-year Bachelor in Education (B.Ed.) in accordance with the NCTE (Recognition Norms and Procedures) Regulations issued from time to time in this regard. OR Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor in Primary Education (B.EI.Ed.). OR Senior Secondary (or its equivalent) with at least 50% marks and 4-year B.A./B.Sc.Ed. OR B.A. Ed./B.Sc. Ed. OR Graduation with at least 50% marks and 1-year B.Ed. (Special Education). AND (b) Pass in Teacher Eligibility Test (TET) to be conducted by the appropriate Government in accordance with Guidelines framed by the NCTE for the purpose. 4. For appointment of teachers in the Primary Schools, the State of Jharkhand has issued Notification dated 5.9.2012 under proviso to Article 309 of the Constitution of India, which is called Jharkhand Primary School Teachers Appointment Rules, 2012. Rule 9 provides that Inter-trained teachers shall be appointed for Class-I to V, however, for Class-VI to VIII Graduate-trained teachers in 3 categories viz. (i) Mathematics and Science, (ii) Social Sciences and (iii) Languages shall be appointed. Rule 9 provides that Inter-trained teachers shall be appointed for Class-I to V, however, for Class-VI to VIII Graduate-trained teachers in 3 categories viz. (i) Mathematics and Science, (ii) Social Sciences and (iii) Languages shall be appointed. Rule 11 provides that the minimum educational and training qualifications for appointment under Rule 9 shall be in terms of Rule 4, which provides minimum qualifications for appearing in the Teacher Eligibility Test. Rule 5 gives the pattern of Teacher Eligibility Test. Relevant provisions under 2012 Appointment Rules are extracted below: 4. Minimum qualifications for taking part in Teacher Eligibility Test shall be as follow:- (a) Should be a citizen of India. (b) Educational and Training qualifications: (i) For appointment of Teachers of Primary Class:- (ii) For appointment of Teachers of Upper Primary Class. (a) Graduation or its equivalent and 2-year Diploma in Primary Education (by whatever name known). OR Graduation with at least 50 percent marks (or its equivalent) and 1-year Bachelor in Education (B.Ed.). OR Graduation with at least 45 percent marks (or its equivalent) and 1-year Bachelor of Education (B. Ed.) in accordance with the NCTE (Recognition, Norms and Procedures) Regulations issued from time to time in this regard. OR Senior Secondary (or its equivalent) with at least 50 percent marks and 4year Bachelor in Primary Education (B.EI.Ed.). OR Senior Secondary (or its equivalent) with at least 50 percent marks and 4-year B.A./B.Sc. Ed. or B.A.Ed./B.Sc.Ed. OR Graduation (or its equivalent) with at least 50 percent marks and 1-year B.Ed. (Special Education). AND (b) Pass Teacher Eligibility Test (T.E.T.) conducted by the Government of Jharkhand for Class 6 to Class 8 in accordance with the guidelines framed by the National Council for Teacher Education. 5. Pattern of Teacher Eligibility Test Examination shall be as follows: (a) Eligibility Test Examination shall be of two levels and any candidate may appear in both level examinations. (i) Primary level (Class 1 to 5) (ii) Upper Primary level (Class 6 to 8) (b) There shall be an integrated question paper in each level of the examination and duration of examination will be one and half hours. (i) Primary level (Class 1 to 5) (ii) Upper Primary level (Class 6 to 8) (b) There shall be an integrated question paper in each level of the examination and duration of examination will be one and half hours. (c) Following Eligibility Test Examination will be taken for the primary classes (Class 1 to 5): S. No. Subject No. of Multiple Choice Questions Total Marks (i) Child Development and Pedagogy 30 30 (ii) Language-I 30 30 (a) Assistant Teacher: Hindi and English (b) Urdu Assistant Teacher: Urdu and English (iii) Language-II Regional/ Tribal Language 30 30 (iv) Mathematics 30 30 (v) Environmental Studies 30 30 (D) Following Eligibility Test Examination will be Classes (Class 6 to 8):- S. No. Subject No. of Multiple Choice Questions Total Marks (i) Child Development and Pedagogy (Compulsory) 30 30 (ii) Language-I (Compulsory) 30 30 (a) General Teacher: Hindi and English OR (b) Urdu Teacher: Urdu and English (iii) Language-II Regional/Tribal Language (Compulsory) 60 60 (iv) (a) Mathematics and Science (for Mathematics and Science teacher) 60 60 (b) Social Studies (for Social Studies Teacher) For any other teacher (iv) (a) or (iv) (b) .................................................................................................................. .................................................................................................................. 9. There shall be direct appointment of the following category of teachers in Primary Schools:- (a) Inter-trained teacher for all vacancies up to Class 1 to 5. (b) Graduate-trained teacher against 50 percent vacancies for Class 6 to 8. Within this category, there shall be three sub-categories of subject-wise teacher as given below:- (i) Mathematics and Science Teacher (ii) Social Science Teacher (iii) Language Teacher 5. For realising the mandate under the RTE Act, 2009, the State Government sanctioned 7926 posts for Graduate-trained teachers. The Government's decision was notified by a Notification dated 31.7.2014. This was followed by the instructions for appointment of teachers issued by the Secretary, Department of Human Resource Development on 2.6.2015. Both parties have referred to and relied on Notification dated 31.7.2014 and instructions dated 2.6.2015, which are extracted below: Govt. of Jharkhand Department of Human Resource Development (Directorate of Primary Education) Notification Ranchi/dated 31.7.2014 No. 8/Ni 1-01/2013-1533/As per Right of Children to Free and Compulsory Education Act, 2009, arrangement of at least one trained graduate teacher from science and Maths, Social Studies and language has to be made for teaching children of class 6 to 8 in the Upper Primary Schools of the State. In the 3541 Government Middle Schools 1305 units of Graduate-trained (Arts) and 1392 units of Graduate-trained (Science) have been sanctioned. For fulfilling the requirement of the aforesaid Act, 7926 additional units of Graduate trained teachers are required in addition to the earlier sanctioned units. As per the decision taken at item no. 30 by the Cabinet in its meeting on 10.7.14, out of 20858 units of Intermediate-trained teachers available in the Government Middle School, by transferring 7926 units as per appendix-1, 7926 posts of Graduate-trained teachers are being sanctioned as follows: (i) Against the requirement of 3541 units of Graduate-trained (Arts), 1305 units of Graduate-trained (Arts) are already sanctioned. Therefore, by transferring 2236 units of Intermediate-trained teachers, 2236 units of Graduate-trained (Arts) teachers are sanctioned. (ii) Against the requirement of 3541 units of Graduate-trained (Science), 1392 units of Graduate-trained (Science) are already sanctioned. Therefore, by transferring 2149 units of Intermediate-trained teachers, 2149 units of Graduate-trained (Science) teachers are sanctioned. (iii) No units of trained graduates (language) were sanctioned earlier. Therefore, by transferring 3541 units of Intermediate-trained teachers, 3541 units of Graduate-trained (language) teachers are sanctioned. Terms and conditions: (1) After sanction of Graduate-trained units, 50% posts shall be filled up by direct recruitment under Jharkhand Primary School Teachers Appointment Rules, 2012 and the remaining 50% posts shall be filled up according to the provisions of Teacher Promotion Rules. (2) According to above para (1), the appointment on the approved posts of the direct recruitment shall be done as follows: (a) Candidates who passed graduation with Science/Maths and who fulfill other eligibility conditions of Jharkhand Primary School Teachers Appointment Rules, 2012, shall be appointed to the post of Graduate-trained (Science) Teacher as per Rules. (b) Candidates who passed graduation with Social Science and who fulfill other eligibility conditions of Jharkhand Primary School Teachers Appointment Rules, 2012, shall be appointed to the post of Graduate-trained (Social Science) Teacher as per Rules. (c) Candidates who passed graduation level with Languages and who fulfills other eligibility conditions of Jharkhand Primary School Teachers Appointment Rules, 2012, shall be appointed to the post of Graduate-trained (Language) Teacher. But Candidate passed in Teacher Eligibility Test conducted by Jharkhand Academic Council for Class 6 to 8, who has Urdu and English as Language-I, shall be appointed to the post of Graduate-trained (Language) Teacher in Urdu Middle Schools as per Mules. But Candidate passed in Teacher Eligibility Test conducted by Jharkhand Academic Council for Class 6 to 8, who has Urdu and English as Language-I, shall be appointed to the post of Graduate-trained (Language) Teacher in Urdu Middle Schools as per Mules. (d) Before making appointment on these posts, details shall be uploaded in the website after publishing as a booklet. (e) The process for selection of Intermediate-trained teacher has already been started, therefore, as a result of this transfer the effect on roster points shall be duly re-determined before the appointment. (f) In the event of running of middle schools for class 6 to 8 under the Right of Children to Free and Compulsory Education Act, 2009, the preferentiality of teachers according to this act shall be valid. 3. The sanctioned units of trained graduate teachers shall be distributed by the District Primary Education Committee in the Government Middle Schools in such a way that one teacher each of Graduate-trained (Arts), Graduate-trained (Science) and Trained Graduate (Language) be available in Government Middle Schools under the district. 4. After the above transfer, the remaining units of Intermediate-trained teacher shall be available for teaching in class 1 to 5 in the Government Middle School as usual. By orders of the Governor of Jharkhand. Sd/- (K. Vidhyasagar) Principal Secretary to the Government Letter No. 8/Ni. 1-01/2013/1192 Government of Jharkhand Department of Human Resources Development (Directorate of Primary Education) From, Aradhana Patnaik, Secretary to the Government To, All the Deputy Commissioners, Jharkhand Ranchi, dated 2.6.2015 Subject: Regarding direct appointment of Graduate-trained Teacher in the Government Middle Schools. Sir, Regarding above noted subject, I am to say that after surrendering 7926 posts of Intermediate-trained Teachers vide Departmental Notification No. 1533, dated 31.7.2014 (copy enclosed), 2236, 2149 and 3541 posts of Graduate-trained (Art), Graduate-trained (Science) and Graduate-trained (Language) respectively have been created 50 percent of these posts shall be filled up according to the provisions of Jharkhand Primary School Teachers Appointment Rules, 2012 (as amended) and the appointment of remaining 50 percent posts shall be done by promotion. In view of Jharkhand Primary School Teachers Appointment Rules, 2012 (as amended) and pursuant to the rule, regulation and order of the Government, the following directions are being given for the direct recruitment of Graduate-trained Teacher in the Government Middle Schools: 1. In view of Jharkhand Primary School Teachers Appointment Rules, 2012 (as amended) and pursuant to the rule, regulation and order of the Government, the following directions are being given for the direct recruitment of Graduate-trained Teacher in the Government Middle Schools: 1. Applications shall be invited against the vacant posts for appointment after getting roster clearance done by the competent authority. 2. According to Jharkhand Primary School Teachers Appointment (first amendment) Rules, 2014, out of the vacancy earmarked for direct appointment on the post of teacher, 50 percent post shall be filled up by such eligibility holder para-teacher working under Sarva Shiksha Abhiyan run by Jharkhand Education Project Council, who has completed minimum two years or more of service on first August of that calendar year in which the advertisement for appointment would be published and remaining 50 percent shall be filled up by the non-para-teacher eligibility holder candidates. 3. The Minimum educational and training qualification for the post of Graduate-trained Teacher shall be in accordance with Rule 11 and Notification No. 1533, dated 31.7.2014. 4. Candidates who passed graduation with Science/Maths and who fulfill other eligibility conditions of Jharkhand Primary School Teachers Appointment Rules, 2012 (as amended), shall be appointed to the post of Graduate-trained (Science) Teacher. 5. Candidates who passed graduation with Social Science and who fulfill other eligibility conditions of Jharkhand Primary School Teachers Appointment Rules, 2012 (as amended), shall be appointed to the post of Graduate-trained (Arts) Teacher. 6. Candidates who passed graduation with Language and who fulfill other eligibility conditions of Jharkhand Primary School Teachers Appointment Rules, 2012 (as amended), shall be appointed to the post of Graduate-trained (Language) Teacher. 7. Candidates passed in Teacher Eligibility Test conducted by Jharkhand Academic Council for Class 6 to 8, who have Urdu and English as Language-I, shall be appointed to the post of Graduate-trained (Language ) Teacher in Urdu Middle Schools. 8. The relaxation of 5 years shall be allowed to candidates of all categories in the prescribed maximum age limit for their category in the appointment being made this time in the age limit prescribed vide memo no. 2096, dated 25.4.2011 of Department of Personnel, Administrative Reforms and Rajbhasha. 9. In case of Para-teacher, the maximum age limit of candidates of all categories is 50 years. But only for the appointments being made this time, the maximum age limit for them shall be 55 years. 10. 2096, dated 25.4.2011 of Department of Personnel, Administrative Reforms and Rajbhasha. 9. In case of Para-teacher, the maximum age limit of candidates of all categories is 50 years. But only for the appointments being made this time, the maximum age limit for them shall be 55 years. 10. The calendar year in which the advertisement for the appointment has been published, the calculation of age limit shall be done from the first August of that calendar year. 11. The benefit of reservation shall be given in accordance with Letter No. 2020, dated 9.4.2010 of Department of Personnel, Administrative Reforms and Rajbhasha or district level reservation rule/roster prescribed by the effective latest order. 12. The benefit of reservation (including horizontal reservation) shall be given as per rule on the basis of caste and domicile certificate issued by the Officer authorised by Department of Personnel, Administrative Reforms and Rajbhasha of Government of Jharkhand. 13. According to the provisions of Jharkhand Primary School Teachers Appointment (first amendment) Rules, 2014, the benefit of horizontal reservation shall be given to the women in the appointment of teacher. In the horizontally reserved post for the women, 5 percent post shall be for the eligibility holder divorcee/deserted/widow women and in the event of such women not being available; these posts shall be filled up by other eligible/eligibility holder women. 14. The provisions of giving benefit of horizontal reservation to the differently-abled persons shall also be applicable in this appointment in consonance with memo no. 7281, dated 1.11.07 of Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand or in the district level direct appointment according to the resolution issued by the effective latest order. 15. According to resolution no. 5795, dated 10.10.02 of Department of Personnel, Administrative Reforms and Rajbhasha, Jharkhand, Ranchi, 2 percent post is also horizontally reserved for the sports quota. Accordingly, the appointment in this quota shall be made as per rule. 16. In course of scrutiny of application forms, along with other points special attention shall be given on the following points: (i) In course of verification of educational and training qualification, the guidelines issued vide departmental letter no. 404, dated 16.2.04 and 746, dated 27.3.04 shall be strictly complied with. (ii) Ensure compliance of order passed in L.P.A. No. 235/2004 by the Division Bench of Hon'ble Jharkhand High Court, which relates to recognition of teacher training institutions. 404, dated 16.2.04 and 746, dated 27.3.04 shall be strictly complied with. (ii) Ensure compliance of order passed in L.P.A. No. 235/2004 by the Division Bench of Hon'ble Jharkhand High Court, which relates to recognition of teacher training institutions. (iii) Candidates who passed Teacher Eligibility Test conducted by the Jharkhand Academic Council for class 6 to 8 with Maths and Science to the post of Graduate-trained (Science), candidates who passed with Social Studies to the post of Graduate-trained (Social Science) and candidates who passed with anyone of the two subjects; Maths & Science or Social Studies to the vacant post of Graduate-trained (Language), shall be eligible for the appointment, provided they fulfill other conditions for appointment. (iv) For the appointment of teacher post, a candidate should pass Teacher Eligibility Test including anyone language out of Regional/Tribal languages approved according to schedule-1 of Rule of applied district. (v) Para-teachers working under Sarva Shiksha Abhiyan run by Jharkhand Education Project Council shall only be appointed against vacant posts to be advertised for the para-teacher. 17. For ensuring transparency and impartiality in the appointment procedure and filling up the vacant posts, following actions shall be taken: (i) The advertisement to be published for appointment shall must mention the name of website, on which information regarding teacher appointment shall be given. (ii) After scrutiny of the application forms, data-base of concerned important information's like name, address, email, residence, sex, date of birth (age), caste, marks obtained in educational and training examination, disability etc. shall be prepared and uploaded on the website and candidates shall be given opportunity to raise objections against data related with them. (iii) After resolving the objection received from the applicants on database, the changes shall be made accordingly. (iv) First merit list draft shall be prepared following Rule 21 (b) of Regulation prescribing rules for the preparation of merit list and complying provisions of vertical and horizontal reservation and it shall be uploaded on the website. In this merit list draft as many candidates, reservation category-wise, shall be included as the number of posts has been advertised. Applicants shall be granted one opportunity to raise objection on their merit serial no. merit marks. In this merit list draft as many candidates, reservation category-wise, shall be included as the number of posts has been advertised. Applicants shall be granted one opportunity to raise objection on their merit serial no. merit marks. (v) In the event of receipt of objection on first merit list draft, it shall be rectified as per rule and those candidates whose name shall appear in this draft, they shall be directed to appear in the first level of counselling along with original certificates. After verification of the applicants to be appearing in the counselling, the original certificate of teacher eligibility test shall be safely kept in the office and other original certificates shall be returned back to the applicants. The applicants shall also be directed that those candidate who will not appear in the counselling along with the original certificate or remain absent or found disqualified, his name shall be removed from the merit list draft after rejecting his candidature. (vi) In case of requirement of second level counselling after rejecting candidature of candidates absent in the first level counselling or the candidate not appearing along with the original certificate or candidates found disqualified, second merit list draft out of the remaining candidates shall be published according to the rule and provision of the reservation and second level counselling shall be organized. Such candidate whose name was also appearing in the draft of first merit list, verification of their certificates shall not be required in this level of counselling. (vii) In the event of absence of large number of candidates in the second level counselling, after preparing third and final merit list draft counselling shall be organized on the order of the Deputy Commissioner-cum-the Chairman of the District Education Establishment Committee. 18. The final merit list draft shall be put up before the District Education Establishment Committee for consideration for publication and pursuant to recommendation of the Committee and after publication, necessary decision, as per rules, with respect to the appointment of teachers shall be made. 19. 18. The final merit list draft shall be put up before the District Education Establishment Committee for consideration for publication and pursuant to recommendation of the Committee and after publication, necessary decision, as per rules, with respect to the appointment of teachers shall be made. 19. With the purpose of completing appointment procedure within time frame, the work of every level shall be done according to the programme given below: (i) Publication of advertisement 10.6.2015 (ii) Last date of receiving application 9.7.2015 (iii) Uploading on the Website after preparing data-base and inviting objections 20.7.2015 (iv) Rectification of objections 25.7.2015 (v) Uploading on the Website after preparing First merit list draft and inviting objection 31.7.2015 (vi) Rectification of objections and inviting for the first level counselling 5.8.2015 (vii) Organising first level of counselling 10.8.2015 (viii) Publication of second merit list draft and inviting objections (if necessary) 17.8.2015 (ix) Rectification of objections & inviting for the second level of counselling 21.8.2015 (x) Organising second level of counselling 25.8.2015 (xi) Meeting of District Education Establishment Committee 28.8.2015 (xii) Distribution of appointment letter 31.8.2015 Or earlier 20. A team of senior officers shall be constituted in the course of appointment for the supervision and help in the scrutiny of application forms, preparation of the merit list draft, organization of counselling etc. who shall ensure disposal of the aforesaid works within time in pursuance of the provisions of Regulation and directions issued by the Government for the appointment on the post of teacher. 21. Under any circumstances, waiting list panel shall not be prepared. If any vacancy emerges on account of non-joining after appointment, it shall duly filled up in the next completion of work. 22. The appointment of the teachers shall be made in their basic grade pay-scale of Rs. 9300-34800, grade pay-4600. 23. Any type of fee shall not be charged from the candidates. 24. The direction issued with respect to appointment of teachers in the primary schools vide departmental letter no. 1053, dated 21.5.15 and 1120, dated 25.5.15, shall be deemed to be modified to this extent only. Pursuant to the above mentioned, please initiate the process of appointment of teachers by publishing the advertisement in the newspaper by 10th June, 2015 and effort should also be taken to complete this process by 31.8.2015. Yours faithfully Sd/- (Aradhana Patnaik) Secretary to the Government 6. Pursuant to the above mentioned, please initiate the process of appointment of teachers by publishing the advertisement in the newspaper by 10th June, 2015 and effort should also be taken to complete this process by 31.8.2015. Yours faithfully Sd/- (Aradhana Patnaik) Secretary to the Government 6. By an advertisement published in the newspaper applications for direct appointment to the vacant posts of Graduate-trained; Science/Social Science/Language/Urdu Teachers were invited. Number of vacant posts for unreserved and reserved category as well as under Para-Teacher and Non-Para Teacher category were disclosed in the advertisement. Other qualification details, Notification dated 31.7.2014 and format for application were put on the website and the candidates were instructed to fill-up forms after acquainting themselves with the information's available therein. Records produced in W.P. (S) No. 4670 of 2015 reveal that a provisional merit list of Graduate-trained Teachers (Class-VI to VIII) was uploaded on the website on 25.8.2015 and objections were invited from the applicants. A revised merit list was published on 12.9.2015 and the successful candidates were called for counselling. The petitioners are the unsuccessful candidates. 7. Challenging jurisdiction of the respondent-State to change the qualifications prescribed by the NCTE for appointment of teachers, in particular the Language Teacher, Mr. Manoj Tandon, the learned counsel for the petitioners [in W.P. (S) No. 4670 of 2015 and W.P. (S) No. 5128 of 2015] contended that the petitioners cannot be denied appointment on the post of Assistant Teacher (Languages) for Class-VI to VIII in Upper Primary Schools on the ground that they do not possess a degree in B.A. (Hons.) Hindi or Graduation with one of the subsidiary subjects as Hindi. It was submitted that this qualification of B.A. (Hons.) Hindi or Hindi as one of the subsidiary subjects in Graduation is not found in the Rules, and what is not there in the Rules cannot be inferred to put an additional or a different qualification for appointment of Language Teachers. Alternative argument of the petitioners is that the Appointment Rules of 2012 which have been clarified by Resolution dated 31.7.2014 and reiterated in the letter dated 2.6.2015 of the Departmental Secretary cannot be rewritten and must be followed uniformly across the State for appointment of Language Teachers for Class-VI to VIII. 8. In W.P. (S) No. 5931 of 2015, the petitioner no. 8. In W.P. (S) No. 5931 of 2015, the petitioner no. 1 possesses a degree of Bachelor of Science in Mathematics (Hons.) from Sidho-Kanhu Murmu University, Dumka, Jharkhand and the petitioner no. 2 has obtained a degree of Bachelor of Science in Mathematics (Hons.) from Ranchi University, Ranchi. In W.P. (S) No. 4670 of 2015, the petitioner possesses a Bachelor of Science (Hons.) degree in Chemistry from Ranchi University. In W.P. (S) No. 4631 of 2015, petitioner is a Bachelor of Arts (Hons.) in Labour and Social Welfare from Tilka Majhi University, Bhagalpur (Bihar). She holds a degree in MA (Hindi) from Dakshin Bharat Hindi Prachar Sabha, Madras. In W.P. (S) No. 5128 of 2015, the petitioner-Deo Narayan Gupta has passed Economic (Hons.) 3 years' degree course from Ranchi University. In W.P. (S) No. 5899 of 2015, there are four petitioners. They all are Science Graduates with Honours in different science subjects. In W.P. (S) No. 5823 of 2015, the petitioner nos. 1, 2 and 4 are Science Graduates having Honours Degree in different subjects and petitioner no. 3 is a Commerce Graduate. In W.P. (S) No. 157 of 2016, petitioner is a B.Com. (Hons.) degree holder. In W.P. (S) No. 762 of 2016, all the three petitioners possess B.Sc. (Hons.) degree in different Science subjects. 9. By Section 23 of the RTE Act, 2009 the academic regulator has been empowered to fix "minimum qualifications" for appointment as a teacher, and it is the "minimum qualifications" which have been fixed by the NCTE. It is no longer in doubt that a qualification higher or in addition to what has been fixed by the academic regulator can be fixed by the employer. The minimum qualifications fixed by the NCTE have been incorporated by the State of Jharkhand in the Appointment Rules, 2012 and there is neither any variation between the qualifications laid down under the NCTE notification and the Appointment Rules, 2012, nor there is any contradiction between the two. The respondent- State has pleaded that since the Appointment Rules, 2012 do not provide specific qualifications for appointment on the post of Graduate-trained Teacher (Languages), this difficulty has been removed by Notification dated 31.7.2014 which prescribes that a candidate with Language at Graduation level shall be appointed on the post of Graduate-trained Teacher (Languages). This has been done in exercise of powers under Rule 28 of the Appointment Rules, 2012. This has been done in exercise of powers under Rule 28 of the Appointment Rules, 2012. Clarification by the State Government vide Notification dated 31.7.2014 has been challenged by the petitioners on the ground that it would amount to changing the norms fixed by the NCTE. Alternatively, they have contended that Notification dated 31.7.2014 whereby it has been clarified that for appointment as a teacher for Class-VI and VIII in Upper Primary Schools a degree with Language at Graduation level is mandatory, a candidate possessing B.A./B.Sc./B.Com. degree with MIL or any other language as a compulsory subject is eligible for appointment. 10. Notification dated 31.7.2014 has been issued in reference to RTE Act, 2009 which mandates appointment of one Mathematics/Science, one Social Science and one Language Teacher for Upper Primary Schools. By this Notification, 7926 posts of Graduate-trained Teachers were sanctioned; 3541 posts each for Graduate-trained (Social Science), Graduate-trained (Science) and Graduate-trained (Language) Teachers. The terms and conditions for appointment of teachers as notified by Notification dated 31.7.2014 have been reiterated in letter dated 2.6.2015. The Departmental Secretary reiterated the conditions under the Appointment Rules, 2012 and the Notification dated 31.7.2014. This letter refers to several other Notifications in relation to cut-off date, sports quota, caste and residential certificates etc. The minimum qualifications prescribed under the Appointment Rules, 2012 do not specify subject-specific educational qualifications for appointment of Science, Social Sciences and Language Teachers. The rules merely provide minimum educational qualifications. By providing subject-specific qualifications in the Notification dated 31.7.2014 for appointment of teachers in Mathematics/Science, Social Science and Languages, this Notification dated 31.7.2014 does not deviate from the qualifications fixed by the 2012 Rules or the minimum qualifications prescribed by the NCTE. Under Rule 28 the State Government has powers to issue clarifications. Necessity for executive instructions arises where the rules do not provide necessary guidelines. To supplement the rules which may not deal with every aspect of a matter, if executive instructions are issued which do not supplant the rules, the• executive instructions are held valid. Where the rules did not prescribe any particular minimum it was held that the appointing authority (High Court) can prescribe relevant standards in the advertisement for selection – K.H. Siraj vs. High Court of Kerala and Others, (2006) 6 SCC 395 . Where the rules did not prescribe any particular minimum it was held that the appointing authority (High Court) can prescribe relevant standards in the advertisement for selection – K.H. Siraj vs. High Court of Kerala and Others, (2006) 6 SCC 395 . In Sant Ram Sharma vs. State of Rajasthan, 1968 (1) SCR 111 , rejecting the plea that in absence of any statutory rules governing promotions to Selection Grade posts the Government cannot issue administrative instructions and such administrative instructions cannot impose any restriction not found in the rules already framed, the Supreme Court observed that "it is true that Government cannot amend or supersede statutory rules by administrative instructions but, if the rules are silent on a particular point Government can fill-up the gaps and supplement the rules and issue instructions not inconsistent with the rules already framed." Not to forget, Rule 9 of the Appointment Rules, 2012 requires appointment of 3 category of teachers viz. Mathematics/Science, Social Studies and Languages. 11. A glance at the Schedule appended to the RTE Act, 2009, which provides norms and standards for the schools, would disclose that for Class-I to V schools it merely provides number of teachers in proportion to the number of children admitted in the school whereas, Class-VI to VIII schools must appoint one Science Teacher, one Social Science Teacher and one Language Teacher each, the total number of teachers increases in proportion to the number of children. This is a significant departure in the norms and standards for Class-VI to VIII schools. By prescribing three different category of teachers (subject-wise) in every Upper Primary School, the legislature intended a certain minimum level of education to be imparted to the children of Class-VI to VIII. The standard of education to be imparted to the children of Class-VI to VIII in Mathematics/Science, Social Sciences and Languages can be ensured by appointment of teachers from each stream viz. Mathematics/Science, Social Sciences and Languages. This appears to be the latent intention behind the mandate under the RTE Act, 2009, which is more specifically reflected in the Schedule. This is confirmed when the norms and standards for Class-I to V are compared to that of Class-VI to VIII. Mathematics/Science, Social Sciences and Languages. This appears to be the latent intention behind the mandate under the RTE Act, 2009, which is more specifically reflected in the Schedule. This is confirmed when the norms and standards for Class-I to V are compared to that of Class-VI to VIII. At the cost of repetition, it is noted that for Class-I to V simply minimum number of teachers in proportion to the number of admitted children is provided whereas, for Class-VI to VIII each school must appoint one Science Teacher, one Social Science Teacher and one Language Teacher. 12. Expression used in Notification dated 31.7.2014 for appointment of a Language Teacher is ^^Lukrd Lrj ij Hkk"kk fo"k; ds lkFk** (with Language at Graduation level). The petitioners have contended that this expression would take in its sweep Graduation with Modern Indian Language. The Modern Indian Language (MIL) was one of the compulsory subjects in Graduation for all the petitioners in this batch of writ petitions. Contention of the petitioners is that irrespective of their Graduation degree one is eligible for appointment as Language Teacher, if he/she has done Graduation with MIL as one of the compulsory subjects. 13. Now, the controversy which has erupted in the present proceeding needs to be looked at in the background of the discussions in the preceding paragraphs. The respondent-State has pleaded that MIL, which in the present context refers to Hindi, is a compulsory subject in Graduation, which every Graduate irrespective of the stream of course in Graduation must pass. It is compulsory for non-Hindi students for example, Bengali also, for whom the Language paper comprises of MIL (50 marks) and Bengali (50 marks). To support its decision to insist on a qualification of Graduation with Honours in Languages or one of the Languages as a subsidiary subject in Graduation for appointment of Graduate-trained Teacher (Languages) and not MIL (being a compulsory subject), the respondent-State has pleaded that for MIL different Universities in the State have different course structure. For example, in the Ranchi University the Graduation course comprises MIL as a compulsory subject and both, Part-I and Part-II of the course contain one paper each of 100 marks for Hindi speaking students and 50 marks for non-Hindi speaking students. The course content and structure of Hindi, if it is a compulsory paper and when it is a subsidiary paper, are significantly different. The course content and structure of Hindi, if it is a compulsory paper and when it is a subsidiary paper, are significantly different. A Hindi (Hons.) student studies eight papers in Hindi with two subsidiary papers, besides MIL as a compulsory paper. Similarly, Hindi as one of the subsidiary papers at Graduation level has a different course content compared to MIL as a compulsory paper. By producing courses of study of different courses in Languages, the respondent-State has contended that if a Graduate with MIL as a compulsory subject is appointed as a Language Teacher the children would be deprived of quality language teaching. To fortify their stand, the respondents have produced syllabus for Class-VI to VIII under National Curriculum Framework-2005 (NCF-2005) which includes text books in Hindi, English and Sanskrit. An important feature which can be gathered from the mark-sheets produced by the petitioners is, that they all have Hindi composition/alternative English as a compulsory subject. This compulsory course comprises paper/papers of 100 marks for Hindi speaking students and 50 marks each for MIL and another Language (e.g. Bengali) for non-Hindi students. In the circumstances, it would not be unreasonable to infer that MIL as a compulsory subject is included in the course only to ensure that a Graduate has attained a minimum level of knowledge and proficiency in Hindi, which has not been found adequate to transact teaching of Hindi, English and Sanskrit at Upper Primary level which requires a certain level of knowledge and proficiency in Language at degree level. When the course structure and course contents for Hindi as a subsidiary subject and MIL as a compulsory subject is compared, it leads to a similar conclusion, as above. 14. In the background of the necessity for appointing one teacher each under Science, Social Sciences and Language stream, the expression with Language at Graduation level has to be interpreted with reference to the qualification for Science and Social Science Teachers. There also the expression used is ^^Lukrd Lrj ij foKku@xf.kr fo"k; ds lkFk mRrh.kZ QkWj foKku Vhpj vkSj Lukrd Lrj ij lkekftd foKku fo"k; ds lkFk mRrh.kZA** for Social Science Teachers. There also the expression used is ^^Lukrd Lrj ij foKku@xf.kr fo"k; ds lkFk mRrh.kZ QkWj foKku Vhpj vkSj Lukrd Lrj ij lkekftd foKku fo"k; ds lkFk mRrh.kZA** for Social Science Teachers. Literal meaning of the expression with Language at Graduation level may indicate that Language as a subject, may be compulsory or subsidiary/elective, at Graduation level qualifies one for being appointed as a Language Teacher, however, in my opinion such a construction is not desirable as this would lead to further controversy and confusion. The qualification for appointment as a Language Teacher requires purposive and contextual interpretation. The qualification of a Language Teacher must be decided in the context of requirement for appointment of one Language Teacher mandatorily in each Upper Primary School. If for appointment of a Science Teacher only a Mathematics/Science Graduate is made eligible and for a Social Science Teacher a Graduate in Social Sciences is eligible, it necessary follows that for appointment as a Language Teacher one must possess a degree of Graduation in Languages. The respondent-Secretary, Human Resource Development has directed appointment of only such candidates who possess an Honours degree in Language or Language as a subsidiary subject in Graduation. The criteria adopted by the respondents for appointment of Language Teachers seems to be in consonance with the qualification specified by Resolution dated 31.7.2014. The requirement of subject-specific educational qualification for appointment as a teacher in Upper Primary School has a close nexus with the requirement of in-depth knowledge of the subject which a teacher is required to teach at the Upper Primary level. Whether a candidate with MIL or any other Language as a compulsory subject is capable of imparting education as a Language Teacher or not need not be examined in the present proceeding. The simple rationale behind insistence on a qualification of Graduation in Language or Language as one of the subsidiary subjects in Graduation for appointment of Language Teachers is based on the reason for which minimum subject-specific educational qualifications for appointment of a Mathematics/ Science or Social Science Teacher have been laid down. To make it more specific, knowledge of the subject at Graduation level. 15. Another argument put-forth on behalf of the petitioners is founded on clause (iii) of paragraph 16 in the letter dated 2.6.2015 of the Secretary. To make it more specific, knowledge of the subject at Graduation level. 15. Another argument put-forth on behalf of the petitioners is founded on clause (iii) of paragraph 16 in the letter dated 2.6.2015 of the Secretary. Based on clause (iii) it was contended that a Graduate in Science/Mathematics or Social Sciences, both are eligible for appointment as a Language Teacher. A reading of para 16, however, makes it abundantly clear that paragraph 16 refers to Teacher Eligibility Test. In fact, it is a reproduction of Rule 5(d)(iv). Under Rule 5(d)(iv) for Mathematics and Science Teacher TET examination shall comprise 60 marks in Mathematics and Science and similarly, for Social Studies it shall comprise questions of 60 marks in that subject. However, for any other category option to the candidates is to opt either Mathematics and Science or Social Studies: Based on this, it was vehemently contended on behalf of the petitioners that if, TET with Science or Social Studies is a valid qualification for appointment as Language Teacher under Rule 5(d)(iv), every Graduate is eligible for appointment on the post of Language Teacher. 16. Under the NCTE notification, Teacher Eligibility Test has been prescribed as one of the mandatory qualifications for appointment on the post of teacher. Like educational qualifications and Teacher Training qualification, Teacher Eligibility Test is also a mandatory qualification for appointment. The subjects in TET opted by the candidates merely make them eligible for appointment as teacher. It, in no manner, can be a conclusive determinative factor in so far as, basic educational qualification for appointment as a teacher in different subjects is concerned. Reliance on clause (iii) to paragraph 16 by the petitioners, in the above context, is misconceived. The decision in Prajapati Paresh Govindbhai and Others vs. State of Gujarat and Others [Special Civil Application No. 10199 of 2011] relied on by the petitioners deals with the Teacher Eligibility Test and it did not decide the essential educational qualifications for appointment as a Language Teacher. 17. In his written submissions, Mr. Manoj Tandon, the learned counsel for the petitioners has made a reference to a Science Graduate with Botany (Hons.) and according to him a Botany (Hons.) student does not study Physics at Graduation level still, he teaches Physics to the students of Class-VI to VIII. 17. In his written submissions, Mr. Manoj Tandon, the learned counsel for the petitioners has made a reference to a Science Graduate with Botany (Hons.) and according to him a Botany (Hons.) student does not study Physics at Graduation level still, he teaches Physics to the students of Class-VI to VIII. It is also pleaded that if a Graduate with Hindi only as optional subject can be appointed as a Language Teacher, how such a teacher can teach English, Sanskrit or other Languages which he never studied at the Graduation level. In the first place, the hypothetical examples cited by the learned counsel for the petitioners are not supported by data and documents. If it is so that a Science Teacher who graduated with Botany (Hons.) is teaching Physics. though he has not studied Physics at Graduation level, it is a problem in execution and not of any fatal contradiction in the educational qualifications insisted for appointment as a Language Teacher for Class-VI to VIII. In the second place, it needs to be clarified that it is not the case pleaded by the respondent-State that a Graduate in Hindi or a Graduate with Hindi as one of the subsidiary subjects only is eligible for appointment as a Language Teacher rather, the case pleaded by the respondent- State is in reference to the petitioners who all are Graduates with MIL (including non-Hindi) as a compulsory subject. 18. In W.P. (S) No. 4631 of 2015, the petitioner has laid a claim for appointment as Assistant Teacher (Language) on the ground that her Bachelor of Arts (Hons.) degree in Labour and Social Welfare satisfies the requirement of educational qualification for, one of the subjects namely, Composition and Mother Language in the Graduation was Hindi on the basis of which she was admitted in M.A. (Hindi) course at Dakshin Bharat Hindi Prachaar Sabha, Madras. The M.A. (Hindi) course conducted by Dakshin Bharat Hindi Prachaar Sabha, Madras is under Distant Education Directorate and in the absence of a detailed brochure for admission in M.A. (Hindi), the requirement for admission in the said course remains unknown. Moreover, degree in M.A. (Hindi) has not been awarded to the petitioner by the same University, she has completed Bachelor of Arts degree from Tilka Manjhi University. Moreover, degree in M.A. (Hindi) has not been awarded to the petitioner by the same University, she has completed Bachelor of Arts degree from Tilka Manjhi University. In Parvaiz Ahmad Parry vs. State of Jammu and Kashmir and Others, 2015 SCC Online SC 1145 : 2015 (4) JLJR (SC) 434, on which Mr. Rajesh Kumar, the learned counsel for the petitioner laid emphasis, the candidate completed B.Sc. with Forestry as one of the major subjects and thereafter, he completed his M.Sc. (Forestry) with the same University. The Indian Council for Forest Research and Education resolved SFS College Diploma to be treated as equivalent as M.Sc. (Forestry) and the Forest Research Institute informed the Department of Forest, J & K Government that the SFS College Diploma shall be treated as equivalent to M.Sc. (Forestry). Subsequently, the Forest Department informed this decision to the J.K. Public Service Commission. The eligibility qualification for appointment on the post of J & K Forest Service Range Officer Grade-I (Forest) was B.Sc. (Forestry) or equivalent from any University recognized by the ICAR. Finding that Forestry was one of the major subjects in Graduation, due to which the applicant was admitted in the Master's course, that is, M.Sc. (Forestry), the Supreme Court held that B.Sc. degree with Forestry as one of the major subjects satisfies the educational qualification under the advertisement. In the above facts, on the basis of her M.A. (Hindi) degree the petitioner cannot be held eligible for appointment on the post of Assistant Teacher (Language). 19. To conclude, appointment on the post of Language Teacher in the Upper Primary Schools requires a subject-specific qualification similar to the qualifications for appointment as Mathematics/Science Teacher or Social Science Teacher. By subject- specific qualification, I mean qualification in the subject. Language Teacher is a distinct class of teachers, different from a Science or a Social Science Teacher and for appointment on the post of Language Teacher a qualification in Graduation with MIL or any other language as a compulsory subject is not a sufficient qualification. The RTE Act, 2009 and Rule 9 of the Appointment Rules, 2012 when examined in the context of the object for which three distinct category of teachers viz. The RTE Act, 2009 and Rule 9 of the Appointment Rules, 2012 when examined in the context of the object for which three distinct category of teachers viz. Mathematics/Science, Social Sciences and Languages must be appointed in Upper Primary Schools, it becomes clear that the educational qualifications for appointment on the post of Mathematics/Science or Social Science Teacher are not sufficient for appointment as a Language Teacher, the educational qualification being subject-centric. If contention of the petitioners is accepted there would remain only two category of teachers; Mathematics/Science and Social Science, which, effectively, would obliterate the object behind the RTE Act, 2009 for compulsory appointment of Language Teachers. An interpretation which reduces statute to futility has to be avoided even though there may be some inexactitude in the language used Bhakra Beas Management Board vs. Krishan Kumar Vij and Another, (2010) 8 SCC 701 . 20. As a sequel to the foregoing discussions what follows is, that the petitioners are not eligible for appointment on the post of Language Teacher. 21. The writ petitions, bereft of any merit, are dismissed.