ORDER : 1. Heard Mr. K.K. Mahanta, learned senior counsel assisted by Mr. K.M. Mahanta, learned counsel for the petitioners. Also heard Mr. D. Saikia, learned Senior Advocate and Additional Advocate General of the State assisted by Mr. A. Deka, learned counsel for the respondent Nos.1 to 3 and Mr. S.C. Keyal, learned ASGI for respondent No.4. 2. The issues involved in this writ petition are – (I) Whether a Writ of Mandamus or similar writ or direction can be issued directing the respondents State of Assam in the Elementary Education Department to relax the requirement of Teacher Eligibility Test (TET) Examination so as to proceed with selection process pursuant to the impugned Advertisements ‘A’ and ‘B’ dated 11.03.2018 and to consider the case of the petitioners for selection and appointment as Lower Primary and Upper Primary Teachers subject to their qualifying in the TET Examination as and when the same is going to be conducted by the Appropriate Government i.e., by the State Government? (II) Whether holding of TET Examination at least once every year by the Appropriate Government, i.e., by the respondent State Government herein is mandatory as per the Guideline of the NCTE dated 11.02.2011? (III) Whether a Writ of Certiorari can be issued quashing (i) the requirement of TET Examination pass criteria for Lower Primary School as specified in the impugned Advertisement-A dated 11.03.2018 and (ii) the requirement of TET Examination pass criteria for Upper Primary School as specified in the impugned Advertisement-B dated 11.03.2018 with a declaration that those requirements are unjustified with regard to the petitioners and not enforceable against them for not holding the General TET Examination in the State for last Six years? 3. Brief facts of the case is that the Director of Elementary Education (DEE), Assam, respondent No.3 on 11.03.2018 made two advertisements. One the ‘Advertisement-A’ under No. EAA/SIU/125/2018/22 inviting online applications from the eligible candidates, who are Citizens of India as defined in Articles 5 to 8 of the Constitution of India for filling up of 5393 numbers of regular vacant posts of teachers in Lower Primary Schools (LPS) in Assamese, Bengali, Hindi and HMAR medium provincialised LP Schools with reservation for Scheduled Caste / Scheduled Tribes (Plains) / Scheduled Tribes (Hills) / OBC / MOBC in the Scale of Pay of Pay Band II @ Rs. 14,000/- to Rs. 14,000/- to Rs. 49,000/- plus Grade Pay as admissible, in 21 districts of Assam and those Districts are 1) Barpeta, 2) Bongaigaon, 3) Cachar, 4) Darrang, 5) Dhemaji, 6) Dhubri, 7) Dibrugarh, 8) Goalpara, 9) Golaghat, 10) Hailakandi, 11) Jorhat, 12) Kamrup (Metropolitan), 13) Kamrup, 14) Karimganj, 15) Lakhimpur, 16) Morigaon, 17) Nagaon, 18) Nalbari, 19) Sivasagar, 20) Sonitpur and 21) Tinsukia. The said advertisement gave the district wise breakup of the vacancies, medium wise in Assamese, Bengali, Hindi and HMAR mediums as well as category wise for reserved (SC, ST(P), ST(H), OBC/MOBC) and unreserved in provincialised Lower Primary Schools in those 21 districts. 4. The essential qualification and experiences for the posts of Assistant Teachers in provincialised Lower Primary Schools (Classes I to V) as provided in the ‘Advertisement-A’ are (a) Senior Secondary (or its equivalent) with at least 50% marks and 2-year Diploma in Elementary Education (by whatever name known) OR Senior Secondary (or its equivalent) with at least 45% marks and 2-year Diploma in Elementary Education (by whatever name known), in accordance with the NCTE (Recognition Norms and Procedure), Regulations 2002. OR Senior Secondary (or its equivalent) with at least 50% marks and 4 year Bachelor of Elementary Education (B.E1. Ed.) OR Senior Secondary (or its equivalent) with at least 50% marks and 2 year Diploma in Education (Special Education) AND (b) Pass in Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose. [5% relaxation of marks for SC / ST (P) / ST (H) / OBC / MOBC and Physically Handicapped candidates] Reservation: There shall be reservation for Women / Ex-serviceman / Physically Handicapped candidates (not less than 40%) as per existing Government Rules. 5. In the Advertisement-A, amongst other criterias, for Lower Primary Schools, it is stipulated that the candidates will be selected for the post of Assistant Teacher in the same medium school as per Language-1 selected in the Teacher Eligibility Test (TET) and that a candidate shall be able to apply only once in any of those 21 (twenty one) districts. 5. In the Advertisement-A, amongst other criterias, for Lower Primary Schools, it is stipulated that the candidates will be selected for the post of Assistant Teacher in the same medium school as per Language-1 selected in the Teacher Eligibility Test (TET) and that a candidate shall be able to apply only once in any of those 21 (twenty one) districts. Said Advertisement-A also specified that all eligible contractual teachers may apply to any of the posts and that the candidates who have passed TET for the 6th Scheduled Areas are not eligible as per Government letter dated 08.12.2016 and the candidates who have passed TET for Madrassa are also not eligible for the post of Assistant Teacher as per Government letter dated 17.10.2015. 6. The other advertisement is the ‘Advertisement-B’ made by the DEE, Assam under No. EAA/SIU/125/2018/31 inviting online applications from the eligible candidates, who are Citizens of India as defined in Articles 5 to 8 of the Constitution of India for filling up of 4120 numbers of regular vacant posts of teachers in provincialised Upper Primary Schools (UPS), in Assamese, Bengali, Hindi and Manipuri medium schools with reservation for Scheduled Caste / Scheduled Tribes (Plains) / Scheduled Tribes (Hills) / OBC / MOBC in the Scale of Pay of Pay Band II @ Rs. 14,000/- to Rs. 49,000/- plus Grade Pay as admissible, in those 21 districts which consist of 2068 posts of Assistant teachers, 1285 posts of Hindi Teachers, 299 posts of Science teachers, 292 posts of Assamese Language Teachers, 154 posts of Arabic Teachers and 22 posts of Manipuri Language Teachers. However, for the 292 posts of Assamese Language Teachers it is limited to only 3 (three) districts, namely, (i) Cachar, (ii) Hailakandi and (iii) Karimganj, whereas for the 22 posts of Manipuri Language Teachers, it is restricted to only 2 (two) districts namely, (i) Cachar and (ii) Hailakandi. The said Advertisement-B also gave the district wise breakup of the vacancies, medium wise in Assamese, Bengali, Hindi and Manipuri and also category wise for (i) Assistant Teachers, (ii) Science Teachers, (iii) Hindi Teachers, (iv) Arabic Teachers, (v) Assamese Language Teachers and (vi) Manipuri Language Teachers with the breakup of reserved (SC, ST(P), ST(H), OBC/MOBC) and unreserved categories in provincialised Upper Primary Schools for those 21 districts. 7. 7. The ‘Advertisement-B’ specified the following essential qualifications and experiences for the post of different category of Teachers in provincialised Upper Primary Schools (Classes VI to VIII), which are – (i) Assistant Teacher (UPS):B.A./B.Sc. from the UGC recognised University and UP TET and 2-year Diploma in Elementary Education or B.Ed. or D.Ed. (Special Education) or B.Ed.(Special Education). (ii) Science Teacher (UPS):B.Sc. from the UGC recognised University and UP TET qualified in Science and Mathematics stream and 2-year Diploma in Elementary Education or B.Ed. or D.Ed. (Special Education) or B.Ed.(Special Education). (iii) Hindi Teacher (UPS):B.A./B.Sc. from the UGC recognised University having Hindi as one of the subjects and UP TET and 2-year Diploma in Elementary Education or B.Ed. or D.Ed. (Special Education) or B.Ed.(Special Education). (iv) Arabic Teacher (UPS):B.A./B.Sc. from the UGC recognised University having Arabic as one of the subjects and UP TET and 2-year Diploma in Elementary Education or B.Ed. or D.Ed. (Special Education) or B.Ed.(Special Education). (v) Assamese Language Teacher (UPS):B.A./B.Sc. from the UGC recognised University having Assamese as one of the subjects and UP TET and 2-year Diploma in Elementary Education or B.Ed. or D.Ed. (Special Education) or B.Ed.(Special Education). (vi) Manipuri Language Teacher (UPS):B.A./B.Sc. from the UGC recognised University having Manipuri as one of the subjects and UP TET and 2-year Diploma in Elementary Education or B.Ed. or D.Ed. (Special Education) or B.Ed.(Special Education). N.B.: Or any other qualification as approved by the National Council for Teacher Education. Reservation: There shall be reservation for Women / Ex-serviceman / Physically Handicapped candidates (not less than 40%) as per existing Government Rules. 8. In the Advertisement-B for the posts of Upper Primary Schools, amongst other criterias, it is stipulated that the candidates will be selected for the post of Teacher in the same medium school as per Language-1 selected in the Teacher Eligibility Test (TET) and that a candidate shall be able to apply only once in any of the 21 (twenty one) districts for which advertisements have been made. Said Advertisement-B also specified that all eligible contractual teachers may apply to any of the posts. 9. Both the Advisements ‘A’ and ‘B’ stipulated that the eligible candidates shall apply online in the official website of DEE, Assam, ‘www.dee.assam.gov.in’ from Midnight of 26/03/2018 to Midnight of 19/04/2018 and that no offline application will be accepted in that regard. 10. Mr. Said Advertisement-B also specified that all eligible contractual teachers may apply to any of the posts. 9. Both the Advisements ‘A’ and ‘B’ stipulated that the eligible candidates shall apply online in the official website of DEE, Assam, ‘www.dee.assam.gov.in’ from Midnight of 26/03/2018 to Midnight of 19/04/2018 and that no offline application will be accepted in that regard. 10. Mr. K. K. Mahanta, learned senior counsel for the petitioners stated that all the petitioners are either Higher Secondary Examination passed with 50% marks with 2 (two) years Diploma in Elementary Education or Graduates with 2 (two) years Diploma in Elementary Education and all are qualified to hold the posts of Teachers either in Lower or Upper Primary Schools. But, they are yet to qualify the TET Examination, which is a mandatory requirement to apply for the posts advertised. Mr. Mahanta stated that it is not that the petitioners failed in the TET Examination, but it is the Appropriate Government, i.e. the Government of Assam who did not conduct the TET Examination for the general candidates during the last 6 (six) years, since 2012 and as such they did not get any opportunity to appear in the said eligibility test required for the post of teachers. 11. Mr. Mahanta contended that it is due to failure on the part of the State authorities to conduct the TET Examination at least once in every year as per the mandatory requirement under the Right of Children to Free and Compulsory Education (RTE) Act, 2009, ultimately led to the denial and the deprivation of opportunity to the petitioners to fulfill and acquire the one of the essential qualification for the post of Teachers as advertised. 12. Mr. Mahanta stated that even after coming into the force of the RTE Act 2009, the State authorities till recently, made recruitments to the posts of LP and UP Teachers by granting relaxation of the professional qualification specified by the NCTE. It is submitted that the authorities by following the said principle, should relax the requirement of ‘TET Examination pass’ in the present process of recruitment that includes more than 9500 LP/UP Teachers in Provincialised Elementary Schools in 21 districts of Assam as the State respondents did not conduct the TET Examination for last six years. 13. It is submitted that the authorities by following the said principle, should relax the requirement of ‘TET Examination pass’ in the present process of recruitment that includes more than 9500 LP/UP Teachers in Provincialised Elementary Schools in 21 districts of Assam as the State respondents did not conduct the TET Examination for last six years. 13. Hence this writ petition by the petitioners praying to issue (i) a Writ of Mandamus or similar writ or direction to the respondents allowing the petitioners to submit their applications offering their candidatures in terms of said Advertisements ‘A’ and ‘B’ dated 11.03.2018 relaxing the requirement of TET Examination pass and to consider their case for selection and appointment as LP/UP Teachers subject to qualifying in the TET Examination as and when the same would be held and/or (ii) a Writ of Certiorari quashing the Clause in the ‘Advertisement-A’ dated 11.03.2018 requiring TET Examination pass for Lower Primary School as well as the Clause in the ‘Advertisement-B’ dated 11.03.2018 requiring TET Examination pass for Upper Primary School, with a declaration that the said clause requiring relevant TET Examination pass is unjustified and not enforceable against the petitioners. 14. The petitioners have also made a prayer for interim direction that pending disposal of the said writ petition the operation of the clause requiring the TET Examination pass for LPS and UPS respectively made in the Advertisements ‘A’ and ‘B’ dated 11.03.2018 should be stayed with a further direction to accept the petitioner’s applications in hard copy for further considerations to participate in the recruitment process. 15. The petitioners have filed this writ petition on 09.04.2018 and the Court while issuing notice to the respondents on 11.04.2018 in the interim directed the state respondents not to act upon the Advertisements dated 11.03.2018 which is still in force. 16. The State respondent No. 1 in the Elementary Education Department filed his affidavits on 21st and 24th April, 2018. Mr. D Saikia, learned Senior Advocate and Additional Advocate General of Assam, appearing for the respondents in the Elementary Education Department stated that the TET Examination is conducted by both the Central Government through the Central Board of Secondary Education (CBSE), which is known as CTET and by the State Government in the Elementary Education through the SSA (Sarva Shiksha Abhiyan), Assam as its Nodal Agency. Mr. Mr. Saikia stated that though in the State of Assam the TET Examination for general category was not conducted every year, but any resident of Assam who intends to be a candidate for the post of regular LP/UP Teachers under the State Government can appear and acquire the CTET Examination pass qualification to be eligible for the post Lower Primary or Upper Primary Teachers in the State, in terms of advisements as and when published by the authority concerned and he further stated that all those CTET Examination pass candidates are eligible to apply for the posts of LP/UP Teachers that are advertised on 11.03.2018. 17. Mr. Saikia stated that through the SSA, Assam, the State Government had already conducted 6 (six) TET Examinationsin phasemanner, which are (i) First TET Examination-2012 held on 10.01.2012, (ii) 6th Schedule TET Examination held on 19.12.2012, (iii) Sikha Mitra/Assistant Sikha Mitra TET Examination held on 23.03.2012, (iv) Medium TET Examination held on 01.02.2014, (v) Reserved Category TET Examination for SC/ST held on 02.07.2014, (vi) Final phase Sikha Mitra/Assistant Sikha Mitra TET Examination held on 19.10.2014 and that in those TET Examinations altogether 90,043 numbers of candidates have qualified. 18. Mr. Saikia also stated that CTET Examination includes 20 numbers of languages including Assamese and that upto the year 2016 such CTET Examination was held for 16 (sixteen) occasions and that the same was held twice in the year 2017 and he submitted that the same is expected to be held shortly in the year 2018 for which the registration for online applications have already started. Mr. Saikia clarified that for the purpose of CTET, the CBSE has selected 4 (four) Institutions in the State of Assam as Examination Centers for Degree Holders, which are (i) Department of Education, Assam University, Silchar; (ii) Department of Education, Dibrugarh University, Dibrugarh; (iii) Department of Education, Gauhati University, G.B. Nagar, Guwahati and (iv) National Institute for Teachers Education, Khetri, Kamrup. He also stated that large numbers of candidates from Assam have already passed CTET Examination including the diploma holder candidates, who appeared from 76 Institutes of the State and out of those successful CTET passed candidates, large numbers have already been appointed on regular basis under the Education Department of the State as well as on contractual basis under the SSA, Assam. Mr. Mr. Saikia also placed a copy of the Advertisement dated 30th June 2017 made by the authorities of SSA, Assam to show that candidates who passed CTET Examination were also eligible to participate in such selection process. 19. Mr. Saikia stated that the Pupil Teacher Ratio (PTR) in the State of Assam is 26 students in Lower Primary Schools and 30 students in Upper Primary Schools per teacher, whereas as per the requirement of RTE Act 2009 it is 30 students in LP Schools and 35 students in UP Schools which reflects better maintaining of PTR in terms of said 2009 Act. He stated that having sufficient numbers of Teachers in Elementary Schools, therefore, it did not conduct the year wise TET Examination in the State. 20. Mr. Saikia, from the affidavits and on instruction submitted that the State Government have decided to modify the impugned Advertisements dated 11.03.2018 so as to includeCommerce Graduates along with B.A./B.Sc. Degree allowing all the candidates having Graduation in any discipline to apply for the post of Assistant Teachers except the post of Science Teachers in Upper Primary Schools, which requires B.Sc. Degree from the UGC recognised University and Upper Primary TET qualified in Science and Mathematics stream along with other eligibility criterias. 21. Mr. Saikia, also stated that the DEE, Assam in the meanwhile indicated 122 numbers of vacant posts of Assistant Teachers in Bodo Medium Schools under the State Government which were not advertised along with the concerned Advertisement dated 11.03.2018 and as such, the Government have decided to modify the said advisement accordingly. 22. Mr. Saikia brought to the notice of the Court that the State Government by Notification No. ABP/6/2016/8 dated 18.04.2018 revised the upper age limit up to the age of 44 years w.e.f. 03.03.2018 up to 31.03.2019 enabling the candidates to apply for Grade III and IV posts and that the candidates belonging to SC/ST and other categories are presently entitled for additional relaxation of upper age limit over and above the age of 44 years and that such relaxation is applicable to those candidates who had attained their requisite educational and other qualifications prior to the attaining the age of 38 years, where all the vacant posts have been advertised on or after the 03.03.2018. 23. Mr. 23. Mr. Saikia, stated that the Government have decided to modify the Advertisements dated 11.03.2018 accordingly and submitted that the open category candidates have not been deprived from appearing in the TET Examination. Mr. Saikia submitted that as already stated in the affidavit of the State-respondent in the Elementary Education Department, the State Government, if requires, shall clarify that the candidates who have qualified the CTET Examinations are eligible to participate in the said process of selection as advertised on 11.03.2018. 24. However, Mr. Mahanta, learned Senior Counsel for the petitioners denied the claims of the State Government and submitted that there is a vast difference between a TET Examination of the appropriate government, i.e. the State of Assam conducted through SSA, Assam and that of the CTET Examination conducted by the Central Government through CBSE as both are two different sets of tests. 25. In this regard Mr. Mahanta stated that the mediums of TET Examinations in Assam that were held earlier were Assamese, Bengali, English, Hindi and Bodo, where the Government gave the opportunity to thelocal people of Assam living in the Brahmaputra Valley, Barak Valley and BTC areas amongst others. He also stated that medium wise breakup of the posts as reflected in the impugned Advertisements dated 11.03.2018 itself prove that passing of the State conducted TET is mandatory to be eligible to teach students in LP and UP Schools in Assam. But in the CTET, the medium of examinations are English and Hindi only. 26. Though not raised the issue in the writ petition but by placing the communication No. 76-4/2010/NCTE/Acad dated 11.02.2011 of the National Council for Teacher Education (NCTE) communicating all the Secretaries/ Commissioner’s of Education of State Governments/Union Territories regarding the Guidelines for conducting Teachers Eligibility Test (TET) under the Right of Children to Free and Compulsory Education (RTE) Act, 2009 that is annexed in the reply of the petitioners to the Affidavits filed the Respondent No.1 (Annexure-3), Mr. Mahanta learned Senior counsel for the petitioners submitted that Clause 11 of the said Guideline under the heading “Frequency of conduct of TET and validity period of TET certificate” provides that the appropriate Government should conduct a TET at least once every year. The validity period of TET qualifying certificate for appointment will be decided by the appropriate Government subject to a maximum of seven years for all categories. The validity period of TET qualifying certificate for appointment will be decided by the appropriate Government subject to a maximum of seven years for all categories. But there will be no restriction on the number of attempts the person can take for acquiring aTET certificate. A person who has qualified TET may also appear again for improving his/her score. 27. Mr. Mahanta, learned Sr. Counsel therefore, submitted that as per the said Guidelines of the NCTE dated 11.02.2011, it is mandatory on the part of the State Government in the Elementary Education Department being the Appropriate Government to conduct a TET Examination at least once every year and reiterated that the respondents by not conducting the TET Examination in the State of Assam for the general category for the last six years, denied and deprived the opportunity to the petitioners to fulfill and acquire the one of the requisite qualification for the post of Teachers in LP and UP Schools as advertised on 11.03.2018 and therefore, such non action on the part of the State respondents are in clear violation of the provisions of the RTE Act 2009 as well as in violation of the Constitutional provisions. 28. In support of his submission, Mr. Mahanta learned Sr. counsel for the petitioners relied on a Division Bench Judgment of the Punjab and Haryana High Court in the case of Antim Kumari -Vs- State of Haryana and Others (CWP-346 of 2013) and other connected cases, disposed of on 29.04.2015 and State of Uttar Pradesh and Others -Vs- Shiv Kumar Pathak and Others, reported in (2018) 12 SCC 595 and also Virender Singh Hooda -Vs- State of Haryana, reported in (2004) 12 SCC 558. 29. Mr. 29. Mr. Saikia, learned Additional Advocate General of the State for the respondents on the other hand placed Clause 10 of the said Guidelines of the NCTE dated 11.02.2011 under the heading “Applicability” before the Court and submitted that sub-Clause (b) of Clause 10 of the said Guideline stipulates that (i) A school of the State Government/Union Territory with legislature and local authority referred to in sub-clause (i) of clause (n) of Section 2 of the RTE Act, 2009 in that State/UT and (ii) a School referred to in sub-clause (ii) of clause (n) of Section 2 of the RTE Act, 2009 in that State/UT may also consider eligibility of a candidate who has obtained TET Certificate awarded by another State/UT with legislature and in case a State Government/Union Territory decides not to conduct a TET, a school at (i) and (ii) in that State/UT would consider the TET conducted by the Central Government. 30. In support of his argument, Mr. D Saikia, learned Additional Advocate General of the State relied upon the Judgments in the cases of Sharif-ud-Din -Vs- Abdul Gani Lone, reported in (1980) 1 SCC 403 , State of M.P. -Vs- Dharam Bir, reported in (1998) 6 SCC 165 , State of Gujarat -Vs- Arvindkumar T. Tiwari, reported in (2012) 9 SCC 545 , State -Vs- N.S. Gnaneswaran, reported in (2013) 3 SCC 594 and Dani Belo -Vs- State of Arunachal Pradesh and Others, reported in 2011 (2) GLT 686. 31. Submissions of the learned counsels are heard and the judgments cited by them are considered. 32. The Eighty-sixth Amendment of the Constitution of India in the year 2002 inserted Article 21-A in the Constitution so as to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine. The Right of Children to Free and Compulsory Education (RTE) Act, 2009 is the consequential legislation that is envisaged under Article 21-A so as to provide every child of the age of six to fourteen years, free and compulsory full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards. Both Article 21-A and the RTE Act, 2009 came into effect from 1stApril 2010. 33. Both Article 21-A and the RTE Act, 2009 came into effect from 1stApril 2010. 33. Section 2 (a) of the RTE Act 2009 defines “Appropriate Government which reads as follows: (a) “appropriate Government” means— (i) in relation to a school established, owned or controlled by the Central Government, or the administrator of the Union territory, having no legislature, the Central Government; (ii) in relation to a school, other than the school referred to in sub-clause (i), established within the territory of— (A) a State, the State Government; (B) a Union territory having legislature, the Government of that Union territory. 34. Section 2 (c), (f) and (j) of the RTE Act 2009 defines “Child”, “Elementary Education” and “Notification” respectively and 2(c) Child” means a male or female child of the age of six to fourteen years; 2(f) “elementary education” means the education from first class to eighth class and 2(j) “Notification” means a notification published in the Official Gazette. 35. Section 23 of RTE Act, 2009 relates to Qualifications for appointment and terms and conditions of service of teachers which reads as follows: “23. Qualifications for appointment and terms and conditions of service of teachers. (1) Any person possessing such minimum qualifications, as laid down by an academic authority, authorised by the Central Government, by notification, shall be eligible for appointment as a teacher. (2) Where a State does not have adequate institutions offering courses or training in teacher education, or teachers possessing minimum qualifications as laid down under sub-section (1) are not available in sufficient numbers, the Central Government may, if it deems necessary, by notification, relax the minimum qualifications required for appointment as a teacher, for such period, not exceeding five years, as may be specified in that notification: Provided that a teacher who, at the commencement of this Act, does not possess minimum qualifications as laid down under sub-section (1), shall acquire such minimum qualifications within a period of five years. “Inserted by Act No. 24 of 2017 w.e.f. 9-8-2017.” [Provided further that every teacher appointed or in position as on the 31st March, 2015, who does not possess minimum qualifications as laid down under sub-section (1), shall acquire such minimum qualifications within a period of four years from the date of commencement of the Right of Children to Free and Compulsory Education (Amendment) Act. 2017 [prior to amendment of 2017, it was within a period of five years]. (3) The salary and allowances payable to, and the terms and conditions of service of, teacher shall be such as may be prescribed. 36. Section 35 of said 2009 Act relates to the “Power to issue directions” and sub-Section (1) of said Section 35 stipulates that The Central Government may issue such guidelines to the appropriate Government or, as the case may be, the local authority, as it deems fit for the purposes of implementation of the provisions of the said Act. 37. By Notification No. S.O. 750(E) dated 31.03.2010, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-Section (ii), No. 622 on 05.04.2010, the Central Government in the Ministry of Human Resource Development, Department of School Education and Literacy in exercise of the powers conferred by sub-Section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009, authorised the National Council for Teacher Education as the academic authority to lay down the minimum qualifications for a person to be eligible for appointment as a teacher. 38. Pursuant to the said Government of India Notification dated 31.03.2010 published in the Gazette of India, Extraordinary on 05.04.2010, the NCTE, by its Notification F.No.61- 03/20/2010/NCTE/(N&S) dated 23.08.2010 in exercise of the power conferred by Sub-section (1) of Section 23 of the RTE Act, 2009 laid down the minimum qualifications for a person to be eligible for appointment as a teacher in Class I to VIII in a school referred to in clause (n) of Section 2 of said 2009 Act, w.e.f. the date of said Notification, which was published in the Gazette of India, Extraordinary, Part-III, Section 4, No. 215 on 25.08.2010. 39. Subsequently, the NCTE, by its Notification F.No.61-01/20/2011/NCTE/ (N&S) dated 29.07.2011 in exercise of the power conferred by Sub-section (1) of Section 23 of the RTE Act, 2009 by making amendment of its earlier Notification dated 23.08.2010, published in the Gazette of India, Extraordinary, on 25.08.2010, laid down the minimum qualifications for a person to be eligible for appointment as a teacher in Class I to VIII in a school under the said 2009 Act by adding in the qualification of Graduation and two year Diploma in Elementary Education (by whatever name known) for Classes I to V and by incorporating Graduation in place of B.A./B.Sc. for Classes VI to VIII. The said amended qualification prescribed by the NCTE in its Notification dated 29.07.2011 was published in the Gazette of India, Extraordinary, Part-III, Section 4, No. 158 on 02.08.2011. 40. The Government of India in the Ministry of Human Resource Development, Department of School Education and Literacy in exercise of the powers under sub-section (1) of section 35 of the RTE Act, by Notification F. No. 1-15/2010 EE.4 dated 08.11.2010 issued Guideline under Section 35(1) of the RTE Act, 2009 for implementation of the provision of Section 23(2) of said 2009 Act enabling the Central Government to provide relaxation under sub-Section (2) of Section 23 to a State and amongst others, at Srl. No. 4 of the said Guideline the Central Government clearly provided that “ the condition of passing TET will not be relaxed by the Central Government”. 41. As per the said Central Government Guidelines dated 08.11.2010for the State Governments for submission of proposal to the Central Government for grant of relaxation under sub-section (2) of section 23 of the RTE Act, 2009, the Government of Assam on 16.06.2011 submitted a proposal before the Central Government under sub-Section (2) of Section 23 of the RTE Act, 2009for grant of relaxation of the minimum qualification norms laid down by the NCTE in its Notification published in the Gazette of India on 25.08.2010. The Central Government after examining and considering the said proposal of the State Government of Assam vide Notification No. S.O. 2067(E), dated 26.08.2011, in exercise of the powers under sub-section (2) of section 23 of the RTE Act, 2009 granted relaxation to the State Government of Assam for a period up to 31st March, 2015 in respect of the minimum teacher qualification norms notified by the NCTE as published in the Gazette of India on 23.08.2010, in so far as they relate to classes I-VIII, as under:- (a) 2-year Diploma in Elementary Education (by whatever name known) for appointment of a teacher in classes I to V; and (b) 1-year Bachelors in Education (B. Ed) for appointment of a teacher in classes VI to VIII. The said Notification dated 26.08.2011 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section(ii),on 12.09.2011. 42. The said Notification dated 26.08.2011 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section(ii),on 12.09.2011. 42. The State Government of Assam again on 28.06.2016 wrote a letter to the Central Government for further extension of relaxation that was granted earlier under sub-section (2) of section 23 of the RTE Act, 2009 by the Central Government by Notification dated 26.08.2011, published in the Gazette of India on 12.09.2011. After examining and considering the said proposal, the Central Government in the Ministry of Human Resource Development, Department Of School Education and Literacy vide Notification No. S.O. 1206(E) dated 13.04.2017 in exercise of the powers conferred by Section 23(2) of the RTE Act, 2009 granted relaxation to the State of Assam in respect of the minimum teacher qualification norms notified by the NCTE as published in the Gazette of India on 23.08.2010, in so far as they relate to classes I-VIII i.e., (a) 2-year Diploma in Elementary Education (by whatever name known) for appointment of a teacher in classes I-V; and (b) 1-year Bachelors in Education (B. Ed) for appointment of a teacher in classes VI to VIII. Said Notification dated 13.04.2017 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), No. 1066 on 18.04.2017. 43. Said Notification dated 13.04.2017 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), No. 1066 on 18.04.2017. 43. However, said further relaxation granted by the Central Government vide Notification dated 13.04.2017 to the State of Assam was conditional, with the observation that (1)The said relaxation shall remain valid for a period of one year, four months and twenty five days which is left over period out of five years specified under sub-section (2) of section 23 of the RTE Act calculated from the date of said notification (Notification dated 13.04.2017, published in the Gazette of India, Extraordinary on 18.04.2017)subject to the conditions that (i) as specified in the aforementioned notification of the NCTE, the Government of Assam shall conduct the Teacher Eligibility Test (hereinafter referred to as TET) in accordance with the guidelines dated 11th February, 2011 issued by the NCTE and only those persons who pass the TET can be considered for appointment as a teacher in elementary classes; (ii) the State Government and other school managements shall amend the recruitment rules to correspond with the minimum qualification norms laid down by the aforementioned notification of the NCTE; (iii) in the matter of appointment, the State Government shall give priority to those eligible candidates who possess the minimum qualifications specified in the NCTE’s Notification dated 25.08.2010, and only thereafter, consider the eligible candidates with the relaxed qualifications specified in this notification; (iv) advertisement for appointment of teachers should be given wide publicity, including outside the State; (v) the State Government and other school managements shall ensure that teachers not possessing the minimum academic and professional qualifications laid down in the aforementioned notification of the NCTE shall acquire the same within the time limit specified under sub-section (2) of section 23 of the RTE Act; (vi) the State Government and other school managements shall ensure that teachers who are appointed under the relaxed qualification norms acquire the minimum qualification specified in the NCTE Notification within 31st March, 2019 and (2) In accordance with sub-paragraph (iii) of paragraph 5 of the TET guidelines issued by the NCTE vide its letter dated 11.02.2011, the following persons shall also be eligible for appearing in the TET conducted by the State Government of Assam in respect of teacher appointments made in the State for a period of one year, four months and twenty five days, namely:- (i) for classes I to V – Senior Secondary (or equivalent) with at least 50% marks and (ii) for classes VI to VIII - Graduation with at least 50% marks. Said Notification dated 13.04.2017 granting extended relaxation by the Central Government was published in the Gazette of India, Extraordinary, Part II, Section 3, Subsection (ii), No. 1066 on 18.04.2017. 44. The RTE Act, 2009 under Section 23(2) also specifies that all teachers at elementary level at commencement of the said law, if did not possess minimum qualifications under it need to acquire the same within a period of five years i.e. by March 2015. However, several state governments have reported that Lakhs of teachers at the elementary level are still untrained. Thus enabling all in-service untrained elementary teachers to complete their training and ensure that all teachers at the elementary level acquire the minimum qualifications prescribed by the academic authority, i.e., the NCTE and have certain minimum standard of qualifications in order to maintain the standard of teaching quality it is deemed necessary to carry out appropriate amendment in the RTE Act, 2009 and to the extend period for such training for four years up to March 2019. 45. Accordingly, the RTE Act 2009 was amended by RTE (Amendment) Act, 2017 specifying that it shall be deemed to have come into force on 01.04.2015 and in section 23, in sub-section (2), after the proviso, the following proviso has been inserted, namely:— "Provided further that every teacher appointed or in position as on the 31st March, 2015, who does not possess minimum qualifications as laid down under sub-section (1), shall acquire such minimum qualifications within a period of four years from the date of commencement of the Right of Children to Free and Compulsory Education (Amendment) Act, 2017”. The RTE (Amendment) Act, 2017 was published in the Gazette of India, Extraordinary, Part II, Section 1, No. 34 on 10.08.2017. 46. It is seen that as per Section 2(j) of the RTE Act, 2009 ‘Notification’ means a notification published in the Official Gazette and the Central Government in the Ministry of Human Resource Development, Department of School Education and Literacy by Notification dated 31.03.2010, published in the Gazette of India, Extraordinary on 05.04.2010 as per the provisions of Section 23(1) of the 2009 Act authorised the NCTE as the ‘academic authority’ to lay down the minimum qualifications for a person to be eligible for appointment as a teacher under the said Act in elementary Schools in the Country. 47. 47. Accordingly, the NCTE initially by its Notification dated 23.08.2010 in exercise of the power conferred by Sub-section (1) of Section 23 of the RTE Act, 2009 laid down the minimum qualifications for a person to be eligible for appointment as a teacher in Class I to VIII in a school referred to in clause (n) of Section 2 of said 2009 Act, w.e.f. the date of said Notification, which was published in the Gazette of India, Extraordinary on 25.08.2010. 48. The NCTE subsequently vide Notification dated 29.07.2011 made amendment of its earlier Notification dated 23.08.2010 and laid down the minimum qualifications for a person to be eligible for appointment as a teacher in Class I to VIII in exercise of the power conferred under Section 23(1) of the RTE Act, 2009 and the amended qualification prescribed by the NCTE by Notification dated 29.07.2011 was published in the Gazette of India, Extraordinary on 02.08.2011. 49. Section 23(2) of the RTE Act, 2009 provides that where the State (i) does not have adequate institutions offering courses or training in teacher education, or (ii) teachers possessing minimum qualifications as laid down under Section 23(1) of said 2009 Act are not available in sufficient numbers, then only on the request of the State, the Central Government may, if deems necessary, by notification, relax the minimum qualifications required for appointment as a teacher, for such years/period, as provided in the said Section. 50. As provided under Section 35(1) of the RTE Act 2009, the Central Government, Ministry of Human Resource Development, Department of School Education and Literacy by Notification dated 08.11.2010 issued the Guideline laying down the specifications for implementation of the provision of Section 23(2) of said 2009 Act, enabling the State Government(s) to make request for relaxation of the minimum qualifications for a person to be eligible for appointment as a teacher in Class I to VIII as prescribed by the NCTE under section 23(1) of said 2009 Act vide Notification dated 29.07.2011 as well as the stipulation on the basis of which the Central Government may provide relaxation under Section 23(2) to a State from such specified minimum qualification to be eligible for teacher. It is to be noted herein that by the said Notification dated 08.11.2010 under Section 35(1), the Central Government in the Guideline specified that the condition of passing TET will not be relaxed. 51. It is to be noted herein that by the said Notification dated 08.11.2010 under Section 35(1), the Central Government in the Guideline specified that the condition of passing TET will not be relaxed. 51. On the request of the Government of Assam made on 16.06.2011 the Central Government, following the said Guidelines dated 08.11.2010 in exercise of the power under Section 23(2) of the RTE Act, 2009 vide Notification dated 26.08.2011 granted relaxation to the State for a period up to 31st March, 2015 in respect of the minimum teacher qualification norms notified by the NCTE in so far as they relate to classes I-VIII, (a) 2-year Diploma in Elementary Education (by whatever name known) for appointment of a teacher in classes I to V; and(b) 1-year Bachelors in Education (B. Ed) for appointment of a teacher in classes VI to VIII and said Notification dated 26.08.2011 was published in the Gazette of India, Extraordinary on 12.09.2011. 52. The Government of Assam again on 28.06.2016 made a request before the Central Government for further extension of relaxation of minimum qualification of a teachers that was granted earlier by Notification dated 26.08.2011 and after examining and considering the said proposal, the Central Government by Notification dated 13.04.2017 granted relaxation to the State of Assam in respect of the minimum teacher qualification norms notified by the NCTE in exercise of the powers conferred by Section 23(2) of the RTE Act, 2009, in so far as they relate to classes I-VIII, (a) 2-year Diploma in Elementary Education (by whatever name known) for appointment of a teacher in classes I-V; and (b) 1-year Bachelors in Education (B. Ed) for appointment of a teacher in classes VI to VIII and said Notification dated 13.04.2017 was published in the Gazette of India, Extraordinary on 18.04.2017. However, this time the further relaxation granted by the Central Government was only for a period of one year, four months and twenty five days from the Notification dated 13.04.2017 which was found to be left over period out of five years relaxation that was earlier given by the Central Government vide Notification dated 26.08.2011. 53. However, this time the further relaxation granted by the Central Government was only for a period of one year, four months and twenty five days from the Notification dated 13.04.2017 which was found to be left over period out of five years relaxation that was earlier given by the Central Government vide Notification dated 26.08.2011. 53. From the above it is clear that on the request made by the State Government, it is only the Central Government in exercise of power under Section 23(2) of the RTE Act 2009 Act can grant relaxation of the minimum teacher qualification norms prescribed by the NCTE under Section 23(1) of said 2009 Act and that the Central Government in the Guideline under Section 35(1) of said 2009 Act, issued vide Notification dated 08.11.2010 already spelt out that the condition of passing TET will not be relaxed. 54. The NCTE itself in the case of State of U.P. -Vs- Shiv Kumar Pathak, reported in (2018) 12 SCC 595 had taken the stand that Notification dated 11.02.2011 is not mandatory, i.e. the Guideline which the petitioners annexed as Annexure-3 in their affidavit filed against the affidavits of the Respondent No.1 (Annexure-3) 55. It is also seen thatthe Central Government by Notification dated 13.04.2017 published in the Gazette of India, Extraordinary, on 18.04.2017, while extending the relaxation of minimum teacher qualification norms specified by the NCTE such relaxation was made valid for a period of one year, four months and twenty five days, it was made subject to, amongst others, conduct of the Teacher Eligibility Test by the State of Assam in accordance with the guidelines dated 11.02.2011 issued by the NCTE. 56. IT is seen that NCTE under Section 23(1) of the RTE Act 2009 vide Notification dated 29.07.2011 published in the Gazette of India on 02.08.2011 laid down the amended minimum qualifications for a person to be eligible for appointment as a teacher in Class I to VIII in a school under the said 2009 Act amending its earlier Notification dated 23.08.2010 of minimum teacher qualification norms, which is in force, whereas the NCTE Guidelines dated 11.02.2011 relates to its earlier Notification dated 23.08.2010published in the Gazette of India on 25.08.2010. 57. 57. As provided under Section 23(1) of the RTE Act 2009, the Central Government vide Notification dated 31.03.2010 published in the Gazette of India, Extraordinary on 05.04.2010, appointed the NCTE as an ‘academic authority’ only to lay down the minimum qualification eligible for appointment as a teacher, which the NCTE had done by its Notifications dated 23.08.200 and 29.07.2011 as noted above. Neither the 2009 Act nor the Central Government by any Notification under the said Act conferred power upon NCTE beyond the same by any other mode. The communication of the NCTE dated 11.02.2011 relates to Guidelines only to conduct TET Examination and the same is not an entrusted duty on the NCTE, by the Central Government under the 2009 Act. 58. The State respondents has also brought to the Notice of the Court that since 10.01.2012 to 19.10.2014, from the six TET Examinations conducted by the State Government through SSA, Assam 90,043 numbers of candidates have qualified the same. 59. It is settled that where a power is given to do a certain thing in a certain way, the thing must be done in that way or not at all and that other methods of performance are necessarily forbidden, is well recognised and is founded on sound principle. Its result is that if a statute has conferred a power to do an act and has laid down the method in which that power has to be exercised, it necessarily prohibits the doing of the act in any other manner than that which has been prescribed. The principle behind the rule is that if this were not so, the statutory provision might as well not have been enacted.” 60. The Hon’ble Supreme Court in the case of J. Jayalalithaa -Vs- State of Karnataka, reported in (2014) 2 SCC 401 have held that “…. this Court generally should not pass any order in exercise of its extraordinary power under Article 142 of the Constitution to do complete justice if such order violates any statutory provisions.” 61. The Hon’ble Supreme Court in the case of J. Jayalalithaa -Vs- State of Karnataka, reported in (2014) 2 SCC 401 have held that “…. this Court generally should not pass any order in exercise of its extraordinary power under Article 142 of the Constitution to do complete justice if such order violates any statutory provisions.” 61. In the said case of J. Jayalalithaa (Supra) the Hon’ble Supreme Court had reiterated the decision of the Hon’ble Apex Court in the case of Singhara Singh (Supra) and also observed that “There is yet an uncontroverted legal principle that when the statute provides for a particular procedure, the authority has to follow the same and cannot be permitted to act in contravention of the same. In other words, where a statute requires to do a certain thing in a certain way, the thing must be done in that way and not contrary to it at all. Other methods or mode of performance are impliedly and necessarily forbidden. The aforesaid settled legal proposition is based on a legal maxim expression unius est exclusion alterius, meaning thereby that if a statute provides for a thing to be done in a particular way, then it has to be done in that manner and in no other manner and following any other course is not permissible.” 62. It is settled that no Court has competence to issue a direction contrary to law nor can the Court direct an authority to act in contravention of the statutory provisions. The Courts are meant to enforce the rule of law and not to pass the orders or directions which are contrary to what has been injected by law. It is settled that no Court has competence to issue a direction contrary to law nor can the Court direct an authority to act in contravention of the statutory provisions. The Courts are meant to enforce the rule of law and not to pass the orders or directions which are contrary to what has been injected by law. As such from the above and considering the provisions of Section 23(2) of the RTE Act 2009 as well as the Government of India’s Notification F. No. 1-15/2010 EE.4 dated 08.11.2010 issued under Section 35(1) 2009 Act, the Guideline framed by the Central Government for implementation of the provision of Section 23(2) of said 2009 Act, this Court is of the view that prayer of the petitioners to submit their applications offering their candidatures in terms of said Advertisements ‘A’ and ‘B’ dated 11.03.2018 relaxing the requirement of TET Examination pass, one of the minimum qualifications for a person to be eligible for appointment as a teacher in Class I to VIII in a school under the 2009 Act laid down by the NCTE under Section 23(1) of said Act cannot be considered and hence rejected. 63. From the reading of section 23(1) of the RTE Act 2009, the Central Government Notification dated 13.04.2017 published in the Gazette of India, Extraordinary on 18.04.2017, issued in exercise of the powers conferred by Section 23(2) of the RTE Act, 2009 granting conditional extended relaxation to the State of Assam in respect of the minimum teacher qualification norms notified by the NCTE under said Section 23(1) in so far as they relate to classes I-VIII observing that the Government of Assam shall conduct the Teacher Eligibility Test in accordance with the guidelines dated 11th February, 2011 issued by the NCTE and the observation made by the Hon’ble Supreme Court in the case of State of U.P. -Vs- Shiv Kumar Pathak (supra), this Court is of the view that the observation made by the NCTE in its Guidelines communicated on 11.02.2011 is only directory in nature and not mandatory, including the observation of conducting TET Examination at least once every year by the Appropriate Government. The mandatory requirement of the ‘Appropriate Government’, while making recruitment of a teacher in Elementary School in Class I to VIII is to follow the minimum qualifications for a person to be eligible for appointment as a teacher in Class I to VIII in a school under the 2009 Act laid down by the NCTE under Section 23(1) of said Act vide Notification dated 29.07.2011 published in the Gazette of India on 02.08.2011, which amongst other requisite qualifications, includes that the candidate must pass the relevant Teacher Eligibility Test (TET) Examination. 64. Accordingly, in view of the above, this Court is of the considered opinion that in exercise of the Writ Jurisdiction, no such direction can be issued quashing the clause requiring of TET Examination pass for Lower Primary School as well as for Upper Primary School in the impugned Advertisements “A” and ‘B’ dated 11.03.2018, declaring the said clause in the Advertisements as unjustified and not enforceable against the petitioners. 65. For the reasons above, all the issues involved in this writ petition are decided against the petitioners and this petition being devoid of merit stands dismissed. 66. The interim order passed earlier in the case on 11.05.2018 stands vacated. 67. However, before parting with the case it is observed that the State respondents shall make necessary amendments in the impugned Advertisements “A” and ‘B’ dated 11.03.2018 as submitted in the affidavits of the Respondent No. 1 and the submissions made in the case by the learned Additional Advocate General, Assam, on instruction, in the case and shall complete the said recruitment process in accordance with law.