JUDGMENT : P.D. Audikesavalu, J. 1. The First Respondent had applied for the post of Post Graduate Assistant during the year 2010-2011 in the recruitment notification issued by the First Appellant, viz., Teachers Recruitment Board. As she had not produced her S.S.L.C. Mark sheet during certificate verification held on 12.03.2010 and 09.01.2012 before publications of results, she was not selected. She questioned the same in W.P. No. 13278 of 2012 and sought for a direction to consider her appointment without insisting for production of S.S.L.C. mark sheet (Register No. 179362) which was allowed by the Learned Judge, who heard the Writ Petition, by order dated 27.11.2017. Aggrieved thereby, the Appellants have preferred this intra Court appeal. 2. We heard the Counsel appearing for both sides at length and perused the records. 3. The Learned Special Government Pleader appearing for the Appellants contented that it would be evident from the challan dated 18.04.2012 that the First Respondent had applied for duplicate copy of mark sheet for S.S.L.C. only after the aforesaid certificate verification had been completed and as such, she could not be considered for appointment. As it was represented by the Learned Counsel appearing for the First Respondent that the First Respondent was fully qualified to be appointed to that post, by an interim order dated 03.04.2019, we directed the First Respondent to appear before the First Appellant on 10.04.2019 with all original certificates for verification so that the same could be scrutinized and a detailed report be filed in this Court by 15.04.2019 as to whether the original documents produced by the First Respondent were in order and satisfy all the recruitment rules and conditions prescribed for appointment. 4. When the matter is taken up today, a report dated 16.04.2019 is filed by the First Appellant stating, inter alia, that the First Respondent has not produced the original copy of the S.S.L.C. mark sheet for certificate verification and she has also informed that she is not in possession of the same. It has been further pointed out that on examination of the xerox copy of the S.S.L.C. mark sheet produced by the First Respondent, it is seen that after completing Standard X in October 1981, she appeared in Standard XII examination in April 1982 itself without undergoing the two year duration of Higher Secondary Course in the required manner prescribed in G.O. (Ms). No. 107, Personnel and Administrative Reforms (M) Department dated 18.08.2009 for employment purposes. Learned Counsel for the First Respondent does not dispute the factum that the First Respondent had not undergone the two years duration of higher secondary course after completing Standard X. 5. The Hon'ble Supreme Court of India in State of Orissa -vs- Mamata Mohanty [ (2011) 3 SCC 436 ] has held that it would not be permissible to appoint persons without possessing the requisite qualification at the time of appointment in teaching posts and the following relevant passages from that decision are extracted for that purpose:- "29. Education is the systematic instruction, schooling or training given to the young persons in preparation for the work of life. It also connotes the whole course of scholastic instruction which a person has received. Education connotes the process of training and developing the knowledge, skill, mind and character of students by formal schooling. The excellence of instruction provided by an educational institution mainly depends directly on the excellence of the teaching staff. Therefore, unless they themselves possess a good academic record/minimum qualifications prescribed as an eligibility, it is beyond imagination of anyone that standard of education can be maintained/enhanced. 33. .... it is evident that education is necessary to develop the personality of a person as a whole and in totality as it provides the process of training and acquiring the knowledge, skills, developing mind and character by formal schooling. Therefore, it is necessary to maintain a high academic standard and academic discipline along with academic rigour for the progress of a nation. Democracy depends for its own survival on a high standard of vocational and professional education.... 34. Article 21-A has been added by amending our Constitution with a view to facilitate the children to get proper and good quality education. However, the quality of education would depend on various factors but the most relevant of them is excellence of teaching staff. In view thereof, quality of teaching staff cannot be compromised. The selection of the most suitable persons is essential in order to maintain excellence and the standard of teaching in the institution. It is not permissible for the State while controlling the education it may impinge the standard of education.... 40. .... In view thereof, quality of teaching staff cannot be compromised. The selection of the most suitable persons is essential in order to maintain excellence and the standard of teaching in the institution. It is not permissible for the State while controlling the education it may impinge the standard of education.... 40. .... lacking eligibility as per the rules/advertisement cannot be cured at any stage and making appointment of such a person tantamounts to an illegality and not an irregularity, thus cannot be cured. A person lacking the eligibility cannot approach the court for the reason that he does not have a right which can be enforced through Court. 50. In absence of an enabling provision for grant of relaxation, no relaxation can be made. Even if such a power is provided under the Statute, it cannot be exercised arbitrarily. Such a power cannot be exercised treating it to be an implied, incidental or necessary power for execution of the statutory provisions. Even an implied power is to be exercised with care and caution with reasonable means to remove the obstructions or overcome the resistance in enforcing the statutory provisions or executing its command. Incidental and ancillary powers cannot be used in utter disregard of the object of the Statute. Such power can be exercised only to make such legislation effective so that the ultimate power will not become illusory, which otherwise would be contrary to the intent of the legislature. 51. More so, relaxation in this manner is tantamount to changing the selection criteria after initiation of selection process, which is not permissible at all. Rules of the game cannot be changed after the game is over. 58. We are fully alive of the object and purpose of according recognition and affiliation to educational institutions. It is the educational authorities of the State which grant recognition to a Committee of Management for opening or running an educational institution. Affiliation is granted by the particular University or Board for undertaking the examination of the students of that college for awarding degrees and certificates. Therefore, while granting the recognition and affiliation even for non-governmental and non-aided private colleges, it is mandatory to adhere to the conditions imposed by them, which also include the minimum eligibility for appointment of teaching staff. Affiliation is granted by the particular University or Board for undertaking the examination of the students of that college for awarding degrees and certificates. Therefore, while granting the recognition and affiliation even for non-governmental and non-aided private colleges, it is mandatory to adhere to the conditions imposed by them, which also include the minimum eligibility for appointment of teaching staff. The authority at the time of granting approval has to apply its mind to find out whether a person possessing the minimum eligibility has been appointed...." If the Petitioner who has not undergone the course of study in the manner prescribed is directed to be appointed, it would tantamount to reducing the standards of excellence in teaching required to be maintained, which cannot be countenanced in the light of the aforesaid binding ruling governing the subject. 6. Accordingly, we are of the considered view that the order dated 27.11.2017 in W.P. No. 13278 of 2012 passed by the Writ Court, which is patently erroneous and contrary to settled legal principles, cannot be sustained, and the same is set aside. 7. In fine, the Writ Appeal is allowed and the Writ Petition shall stand dismissed. Consequently, the connected Miscellaneous Petition is closed. No costs.