Sanjeev Prakash Sharma, J.—These bunch of writ petitions remains certain common questions of law and were, therefore, decided to be heard together by a Coordinate Bench. 2. When the matters came up before the Court during the course of hearing on 11th July, 2022, this Court observed as under:— “8. This Court finds that in the bunch of cases listed today and the cases which are pending before this Court following categories can be laid down for distribution or demarcating the cases : (a) The trained teachers, who opted training after 31.03.2019. (b) Teachers who have applied for training and have already been registered with NIOS but have not completed their training on 31.03.2019. (c) Those who have completed their training but not received the certificate up-to 31.03.2019. (d) Those whose results have not been declared although they have completed their training up to 31.03.2019. (e) Teachers who have passed out from IGNOU but were unable to do the bridge course/ enrichment course of six months as required. (f) Teachers who have completed their training but their results have been withheld for one reason or the other. (g) Teachers do not possess 50% marks in their Intermediate who have already done the training provision. (h) Apart from the aforesaid category there are some cases where the facts are different they will be treated in other category.” 3. Accordingly, the Registry has listed all these cases today in different categories A, B, C, D, E, F, G and H as pointed out hereinabove. For the purpose of disposal of the cases, therefore, this Court is taking up the matters categorywise. However, the principles laid down by this Judgment, would be applicable to all categories and merely because a case is being shown in a particular category, would not be confused to behaving no application to the law as interpreted and laid down while dictating orders of the other categories. It is for the State Government too, therefore, apply the general principles laid down hereinbelow on all the individual cases. 4. The aforesaid direction as a prelude are being given since this Court notices that there are lot of writ petitions having petitioners more than one in number and, therefore, facts of each individual teacher cannot be looked into practically by this Court. While of course, the concerned teachers credentials would be available with the concerned authority of the Block/District also. The aforesaid direction as a prelude are being given since this Court notices that there are lot of writ petitions having petitioners more than one in number and, therefore, facts of each individual teacher cannot be looked into practically by this Court. While of course, the concerned teachers credentials would be available with the concerned authority of the Block/District also. Category-A 1. Heard the parties. 2. Out of the petitioners present before this Court in the aforesaid bunch of writ petitions some are those who have been appointed as untrained teachers on compassionate ground (C.W.J.C. No.8984/2020) and others are those who have been appointed as untrained teachers by the concerned panchayat. All these teachers were asked to complete their training within a period of six years. For the reason that before 30.03.2019 they did not clear the course, or that they had improved their ranking, their services were sought to be terminated. However, all of them have passed Dl.Ed course from N.I.O.S. conducted by the State Government after 31.03.2019. It is also informed that few of the petitioners have acquired training of B.Ed/Dl.Ed from other recognized institutions after 31.03.2019. In order to reduce the voluminousity of the judgment, individual facts of each and every petitioners are not being mentioned. However, keeping view of the common facts mentioned in each writ petitions as above they are being generally noticed in the present order. 3. All the petitioners are aggrieved of the general orders passed by the Director, Elementary Education dated 22.10.2019, whereby in terms of the directions issued by the Union of India referring to Section 23(2) of the Right to Education Act, has directed for obtaining information relating to termination of service of such teachers, who did not acquire their training qualification up to 31.03.2019. By individual orders, some of the petitioners have been directed to be removed from their post as they have acquired their training after 31.03.2019. Such order has also been challenged by moving I.A. in the respective petitioners. 4. Learned counsels led by Mr. P. N. Shahi, Senior Advocate, have argued that the action of the respondent State is illegal and unjustified. The observations of the Central Government for not allowing teachers, who are untrained as on 01.04.2019 to perform duties, cannot be treated as a direction to terminate the services of the teachers, who have already acquired the training subsequently. P. N. Shahi, Senior Advocate, have argued that the action of the respondent State is illegal and unjustified. The observations of the Central Government for not allowing teachers, who are untrained as on 01.04.2019 to perform duties, cannot be treated as a direction to terminate the services of the teachers, who have already acquired the training subsequently. Learned Senior counsel appearing for the teachers, who have been appointed on compassionate ground submits that their appointment was made subject to acquiring training within a period of six years. The appointment orders have been issued in the year 2018. Thus, they could as per their conditions of appointment complete their training within a period of six years from 2018. Their appointments being special category, on compassionate grounds, could not be governed by the provisions of Section 23(2) of the R.T.E. Act so as to terminate their services. Learned counsel submits that since they are all trained, they should be allowed to continue. 5. Per contra, counsels appearing for the State Government, in the respective petitions, have commonly argued that the provisions of R.T.E. are binding on the State Government for the purpose of teaching at the level of elementary schools. Only those teachers were required to be appointed, who were trained as per the original R.T.E Act of Section 23 (2). As a special gesture, the Union of India granted relaxation by adding a proviso to Section 23(2), whereby further four years time from 31.03.2015 was granted to complete the training by making an amendment vide notification dated 09.08.2017. 6. Keeping in view thereto, all these petitioners were required to complete their training up to 31.03.2019. Learned counsel submits that even if the conditions have been mentioned in the appointment letter, the same cannot give any advantage to the petitioners as any condition contrary to the provision of the Act would not bind the State Government or the Central Government and no benefit can accrued to the petitioners on account of the same. The petitioners, therefore, have no right to continue on the post. 7. I have considered the submissions. It would be relevant to notice the amendment made on 09.08.2017 by which Section 23 of the R.T.E. Act was amended by the notification reads as under:— “23. The petitioners, therefore, have no right to continue on the post. 7. I have considered the submissions. It would be relevant to notice the amendment made on 09.08.2017 by which Section 23 of the R.T.E. Act was amended by the notification reads as under:— “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, authorized by the Central Government, by notification, shall be eligible for appointment as a teacher. (2) Where a State does not have adequate institutions offering coursed 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: [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.] (3) The salary and allowances payable to, and the terms and conditions of service of, teachers shall be such as may be prescribed.” 8. From the aforementioned perusal it is noticed, the amendment Act has come into force with effect from 01.04.2015, although the notification is dated 09.08.2017. Thus, if four years are to be computed, they shall be computed from 01.04.2017 so as to mean that a person must acquire his training as on 31.03.2019 in order to continue as a teacher in the elementary schools. 9. From the facts, which have come on record, none of the teachers who may have been appointed on the basis of orders of the Court or on the basis of compassionate ground or on account of any other reason, acquired qualification of training as on 31.03.2019. Thus on plain reading of the provisions of the Act (supra), no untrained teacher could continue in employment after 31.03.2019. 10. Thus on plain reading of the provisions of the Act (supra), no untrained teacher could continue in employment after 31.03.2019. 10. However, the fact remains of that they all were allowed to remain by the Government of Bihar till it dawned upon them by issuing an order on 22.10.2019, and thereafter, on 30.11.2020 directing for taking steps for removing such untrained teachers. 11. While the action of the State Government is found to be in consonance with the basic concept of the proviso added to Section 23(2) of the R.T.E., this Court notices that as on today all of them had acquired the training. In several of the cases, interim orders have been passed protecting their services and it is noticed that they are all working on the post except few where no interim order was passed. 12. In ordinary course, this court would not have interfered with the orders of the State Government directing for terminating the services of the petitioners. However, the petitioners have already acquired the training and they are now eligible to teach students in terms of Section 23(2) of the R.T.E. Act of 2009. Their appointment was made in accordance with law as it existed in State of Bihar by following due process. 13. The purpose of the Act of 2009 is to provide teachers to the primary classes who are all trained. The delay in acquiring the training may have been attributed to the teachers or on account of delayed sessions by the respective institutions or on account of lack of infrastructures. However, this court would not go into the said aspect but the fact remains that all of them have acquired the training as of now. 14. In the circumstances, while their earlier services rendered with the State Government may not be treated to be a regular one, no purpose at the same time would be served in terminating the services and conducting fresh selection on the same post which will also take a long time, keeping in view that the selection process itself as a long cumbersome process. 15. 15. In order to protect the students, whose education might be affected on account of creating vacancies by terminating services of the teachers, who are already trained, this court considering the fact that the education being a subject matter in the concurrent list and also considering that the State Government has a right to frame its own rules relating to appointment directs that the petitioners shall be allowed to continue on their respective post. However, considering the provision of Section 23(2) of the Act, as amended vide Amendment Act of 2017, all of them shall be treated to be freshly appointed only from the date they have acquired the training and not from an earlier date as their appointment prior to acquiring training which has been done only after 31.03.2019 was not in conformity with the provisions of the R.T.E. Act of 2009. More so as their continuance in services after 31.03.2019 even by Government was dehors the Act of 2005 and therefore cannot be regularized. 16. Accordingly, it is directed that the petitioners shall be treated as freshly appointed elementary school teachers and their services shall be counted for all purposes from the date they acquired their training. The period of service rendered prior to acquiring training, shall not be counted for any other purpose. 17. Keeping in view, the law laid down by the Apex Court in the case of Syed Abdul Qadir & Ors. vs. State of Bihar & Ors. reported in (2009) 3 SCC Page 475 and subsequent judgment in the case of State of Punjab & Ors vs. Rafiq Masih & Ors. Reported in (2015) 4 SCC Page 334. The salary which they have drawn for the said period shall not be recovered. 18. It is made clear that those who have failed and have not acquired training till date would not be allowed to continue as they are ineligible to teach and their services shall be terminated in terms of the order of the State Government. As and when they acquire training, they will be free to participate in the subsequent selection which may be conducted by the State Government and considering their part service of the State Government may grant them one time age relaxation 19. The writ petitions are disposed of accordingly. CATEGORY ‘B’ AND ‘F’ 1. As and when they acquire training, they will be free to participate in the subsequent selection which may be conducted by the State Government and considering their part service of the State Government may grant them one time age relaxation 19. The writ petitions are disposed of accordingly. CATEGORY ‘B’ AND ‘F’ 1. The petitioners in Category ‘B’ and ‘F’ are those who have applied for training and have already been registered with the N.I.O.S. and S.C.E.R.T., but have not completed their training up to 31.03.2019 on account of different individual reasons. Category F are those teachers, who have completed their training but their result has been withheld or were those who have failed in one or two papers and their supplementary examination result is awaited or not held. 2. There are also teachers who were registered with the N.I.O.S., but not called for training on account of not having 50% minimum marks in the Intermediate. There were teachers who could not be called for training as either they were lower in the seniority or that they had not applied within time or that the number of seats were not available at that relevant time. Some of the teachers, who have completed their training, their result has not been declared on account of their not having 50% marks in the Intermediate examination. The writ petitions have been filed on behalf of the teachers jointly in a manner where in one petition there are several teachers with different facts in one petition. Therefore, I am not referring to facts of each individual but broadly they are in the aforesaid category. 3. Mr. Tej Bahadur Singh, Learned Senior Counsel, who is appearing in some of these cases submits that the result of training was declared by the respondents N.I.O.S. and S.C.E.R.T. after the cut off date that is in May, 2019, but some of the candidates result was withheld on account of not having 50% marks in the Intermediate examination, which they have acquired by way of improvement subsequently. 4. The other counsels, who have appeared for the teachers, who could not complete their training up to 31.03.2019, submits that the requirement of providing training was obligated on the State Government in terms of Rule 15 of the Bihar Panchayat Elementary Teachers (Employment and Service Conditions) Rules, 2012. 4. The other counsels, who have appeared for the teachers, who could not complete their training up to 31.03.2019, submits that the requirement of providing training was obligated on the State Government in terms of Rule 15 of the Bihar Panchayat Elementary Teachers (Employment and Service Conditions) Rules, 2012. The duty to provide training was cast upon the Officers of the State Government, to allow the petitioners to participate in the training timely and on account of their inaction in sending them for training timely, they could not complete their training before 31.03.2019. Learned counsel submits that on account of fault of the State Authorities, the petitioners should not be made to suffer and their right to livelihood cannot be taken away on account of the same. 5. On the other hand, learned counsels appearing for the State Government have referred to the provisions of R.T.E. Act of 2009, which obliges all the untrained teachers to acquire training one way or other within a stipulated three years period as it existed even prior to the amendment made in 2017. Learned counsel submits that while it is true that the Rules of 2012 also mentions of the State Government to provide training to the said teachers, it in no manner restrained the teachers to obtain training at their own level and the fault of the petitioners in not completing their training cannot be put on the State Government. 6. With regard to the requirement of 50% at the Intermediate level, learned counsel appearing for the N.I.O.S. has stated that the said requirement has already been done away with by the N.I.O.S. and a related affidavit has been filed in this regard, therefore, those results which have been withheld on account thereto, shall be now declared and the teachers those who have passed shall be provided certificate of training. Similarly, the candidates who could not participate in the training on account of their not possessing 50% marks at the Intermediate level shall now be allowed to participate in the training. 7. Learned counsel appearing for the State submits that so far as opportunity of two chances for clearing the training as per the regulations is concerned, it is for the S.C.E.R.T. to lay down its schedule of examination and the supplementary examination as and when held, the petitioners shall be allowed to participate. 8. 7. Learned counsel appearing for the State submits that so far as opportunity of two chances for clearing the training as per the regulations is concerned, it is for the S.C.E.R.T. to lay down its schedule of examination and the supplementary examination as and when held, the petitioners shall be allowed to participate. 8. I have reflected on the submissions made and the submissions as recorded hereinabove, the Bihar Panchayat Elementary Teachers (Employment and Service Conditions) Rules, 2012 provide as per Regulation 15 as under for training:— “15. Service Conditions of Niyojit teachers.— (a) Consolidated pay.—(i) the panchyat elementary teachers will get the consolidated pay as follows:- * Trained teachers (basic grade) 7000/- per month * Untrained teachers (basic grade) 6000/- per month * Trained teachers (Graduate grade) 8000/- per month * Untrained teachers (Graduate grade) 7500/- per month * Trained teachers (H.M. Middle School) 14000/- per month (ii) The instructors will get 4000/- consolidated pay per month. (iii) If in future, the state government takes a decision to revise their consolidated pay, they will get the pay accordingly. (iv) No other allowances like dearness allowance, house rent allowance, medical allowances, transport allowance etc. will be given to the Panchyat elementary teachers and instructors employed under these rules. (b) Pay increase.—(i) The evaluation (“efficiency test”) of Niyojit teachers as directed by the government according to Employment Rules, 2006 will be taken. Based on evaluation (efficiency test), the trained teachers securing 45% in general category and 40% in reserved category will get Rs. 500 increase in their consolidated pay and untrained will get Rs. 300/- increase in their fixed pay after three years. (ii) After that, the previously Niyojit trained teachers will get an increment of Rs. 170/- (one hundred and seventy) and untrained teachers Rs. 100/- (one hundred) every year. There will be no any increment to the teachers securing less mark than the prescribed. Increment shall not be given to the teacher securing less than determined marks. The teachers of general category securing less than 45% marks and the teachers of reserved categories securing less than 40% marks will be given one additional chance to improve their marks. Any teacher who get less marks than the prescribed minimum marks after the 2nd evaluation, he or she will be removed by the Niyojan Samiti from his/her post after serving show-cause notice. Any teacher who get less marks than the prescribed minimum marks after the 2nd evaluation, he or she will be removed by the Niyojan Samiti from his/her post after serving show-cause notice. (iii) The teachers employed as trained graduate teachers will get Rs. 300/- (three hundred) increase in their pay every year. The teachers employed as untrained graduate teachers will get Rs. 200/- (two hundred) increase every year. (iv) The teachers employed in basis grade according to the provisions of this Rule will not have to take efficiency test (except the teachers employed on the compassionate ground) and they will get the enhancement of pay as mentioned in sub rule (ii) above. (v) The part time instructors will also have to appear in the efficiency test after three years. Lump-sum Rs. 300/- (Three hundred) shall be enhanced in consolidated pay to the efficiency test passed instructor. After that they will get Rs. 100 increase in their pay every years. (c) Age of retirement.—The employed teachers and instructor will retire on the date of completing 60 years of age. (d) Training.—(i) The state government shall provide the facility of training as prescribed by the N.C.T.E. to the untrained teachers. On successful completion of training, the teachers will get the trained fixed pay from the date of the publication of result. (ii) In service period training for trained and untrained teachers will be organised on regular basis.” 9. The amended provisions takes into account, the provision as stood under Section 23 (2) of the R.T.E. Act of 2009, for ready reference provisions of Section 23 (2) of the Act of 2015 deserves to be quoted:— “(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: 10. After the said proviso vide Amended Act of 2017, further proviso was added as under:— “[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.]” 11. The same was made effective from 01.03.2015. The Central Government has in terms of the Amendment mention about the qualification of any teacher to be trained as on 31.03.2009. As stated, I have already held (supra) in cases relating to Category ‘A’ that the provisions of the Act will have to be implemented for the purpose of allowing teachers to teach at the Elementary School level and those who do not have the training, cannot be allowed to perform duties of a Elementary School Teacher. 12. Learned counsel for the petitioners have also submitted that their earlier period of service prior to acquiring a training should also be counted. However, this Court finds that the provisions of the Regulations of 2012 are subject to the provisions of the Act of 2009 and the Regulations of 2012 have to be read in conjunction with the provisions of the Act of 2009 in terms of Article 254 of the Constitution of India and, therefore, even though the education subject may fall in the concurrent list, the provision of Act of 2009 cannot be given a go by. 13. Thus, in view of the Act of 2009, the petitioners, who were working on the post after 2019 were without any authority. In view thereof, their earlier period of service before acquiring training cannot be counted for any purpose. 14. It is made clear that those whose services were dispensed with during the pendency of the writ petition, shall be appointed afresh from the date they have acquired the training. 15. In one of the case bearing C.W.J.C. No. 16790 of 2021 (Anita Kumari vs. The State of Bihar through the Principal Secretary), learned counsel has prayed that he should be allowed to continue as it is the fault of the N.I.O.S. and the State Government in not sending him for training. 16. 15. In one of the case bearing C.W.J.C. No. 16790 of 2021 (Anita Kumari vs. The State of Bihar through the Principal Secretary), learned counsel has prayed that he should be allowed to continue as it is the fault of the N.I.O.S. and the State Government in not sending him for training. 16. In the opinion of this Court, no benefit can arise in favour of the petitioner as there is no estoppel against the law. The N.I.O.S. has taken a decision only now for allowing the candidates, who have not scored 50% marks in the Intermediate examination. Merely, because the petitioner was reinstated in 2017 and the training has already started in 2015, no right accrues to the petitioner on account of reinstatement in 2017 to claim that he should be allowed to continue even though he has not been trained. The petitioners would always be free to obtain training and thereafter apply afresh against new vacancies which may arise in future. Services of the petitioners cannot be continued on the said basis. 17. Those, who were disallowed to join training on account of not having 50% marks in Intermediate level, also cannot claim any benefit because of a subsequent decision taken now for dispensing with the 50% requirement. The decision taken by the N.I.O.S. is prospective and will apply for those who are to acquire training in future and also would apply of course on these cases where the result has been withheld. In those cases, the result shall be declared as already directed hereinabove. 18. Keeping in view above, the present bunch of petitioners, who have not acquired their training as on 31.03.2019 are held to be ineligible to hold the post of teacher after 31.03.2019 in the Primary Schools. 19. Amongst the present bunch of teachers, those who have already undergone the training and their result has been withheld for one reason or the other, shall now become eligible only if they have passed the training course. 19. Amongst the present bunch of teachers, those who have already undergone the training and their result has been withheld for one reason or the other, shall now become eligible only if they have passed the training course. In view of candid statement made by the learned counsel for the N.I.O.S. pointing out that the requirement of obtaining 50% at the Intermediate level has been done away with, it is expected from the N.I.O.S. to declare the results of the teachers within a period of 15 days henceforth and if the teachers have already passed the training course, they shall be given the same benefit as given to the teachers of category ‘A’ namely that they shall be treated as freshly appointed teachers from the date they have acquired the training and from the date result is declared and have passed the examination and will be allowed to continue. Their earlier period of service shall not be counted for any purpose at the same time no recovery shall be made from the salary which they have drawn. 20. As regard the teachers, who have failed in the examination, the view taken as above, shall apply to them and, their services are liable to be terminated. However, it is for the State government to take a view whether those who passed the supplementary examination should be allowed to continue as freshly appointed teachers or not or otherwise they shall be allowed to participate in the fresh selections which may be conducted by the State Government. Such teachers who would be allowed to participate, in fresh selections will be given benefit of age relaxation considering that they were working on the post with a promise that they will be allowed to complete their training rendered out by the State Government. CATEGORY C 1. It is informed that the certificates of training have not been issued up to 31st March 2019. Since, the result was already declared prior to 31st March 2019, the issuance of certificate after 31st March 2019 will not come in the way of the petitioners to be treated to be eligible in terms of the Amendment of 2017. Such teachers will not be affected by the order passed by the State Government on 2020. 2. Certificate of training shall now be issued as soon as possible by the examining bodies. CATEGORY G 1. Such teachers will not be affected by the order passed by the State Government on 2020. 2. Certificate of training shall now be issued as soon as possible by the examining bodies. CATEGORY G 1. Teachers do not possess fifty per cent marks the category G teachers. The issue relating to this category stands already decided as above. 2. In view of the statement by the N.I.O.S. authority counsel that the fifty per cent requirement of marks at the Intermediate Level has been done away with. 3. However, the same is to be treated as prospective and only with relation to future training and those whose result has been withheld or whose certificate has not been issued. CATEGORY D 1. Those candidates whose examination was not conducted up to 31st March 2019 cannot take benefit of the orders passed herein above. They have to appear in the examination and their result has to be declared subsequently. Even if there has been a delay in conducting of the examination no benefit would accrue to them as there is no estopple against the law. 2. The provisions of the Act of Amendment Act of 2017 has not been challenged anywhere and in view thereof, no benefit can be extended to such teachers. However, after such teachers have acquired their training they would be always be free to apply fresh and they would be entitled for age relaxation as observed herein above. 3. It would be relevant to quote para 23, 24 and 26 wherein the Supreme Court in the case of State of Uttar Pradesh and Anr. vs. Anand Kumar Yadav and Ors. as reported in (2018) 13 SCC 560 held as under:— “23. At the outset, we may note that fundamental right to free and compulsory education is one of the most important rights as without education one may never know his other rights. It goes without saying that right to education is right to quality education. Concern for unsatisfactory quality of education has been expressed by this Court on several occasions. This Court in Ashoka Kumar Thakur vs. Union of India 21 observed as under: “422. In Unni Krishnan [1993] 1 SCC 645, Reddy, J. observed that the quality of education in government schools was extremely poor and that the schools were woefully inadequate to the needs of the children. This Court in Ashoka Kumar Thakur vs. Union of India 21 observed as under: “422. In Unni Krishnan [1993] 1 SCC 645, Reddy, J. observed that the quality of education in government schools was extremely poor and that the schools were woefully inadequate to the needs of the children. He noted that many countries spend 6% to 8% of gross domestic 21 (2008) 6 SCC 1 – Ashok Kumar Thakur vs. Union of India product on education. Our expenditure on education is just 4% of GDP. 423. Though an improvement over past performance, the overall education picture leaves much to be desired. The bad news is really bad. Even where we have seen improvement, there is still failure. A survey by Pratham, an NGO, fleshes out the acute problems found in rural schools. (See ASER 2007—Rural Annual Status of Education Report for 2007, published on 16.1.2008.) The survey covered 16,000 villages. As Pratham indicates, there are an estimated 140 million children in the age group of 6 to 14 years in primary schools. Of these 30 million cannot read, 40 million can recognise a few alphabets, 40 million can read some words, and 30 million can read paragraphs. Over 55 million of these children will not complete four years of school, eventually adding to the illiterate population of India. The national literacy rate is 65%. 424. 24 districts with more than 50,000 out of school children means we have failed 24 times over. 71 districts in which there are 60 students per teacher is just as bad, if not worse. According to Pratham (and in-line with the Ministry of HRD’s six-month review), the number of out of school children has hovered around 7,50,000. (p. 6) Moreover, it goes without saying that children need proper facilities. Today, just 59% of schools can boast of a usable toilet. (p. 49) 425. The quality of education is equally troubling. For Standards I and II, only 78.3% of students surveyed could recognise letters and read words or more in their own language. (p. 47) In 2006, it was even worse —only 73.1% could do so. It is disheartening to peruse the statistics for Standards III to V, where only 66.4% could read Standard I text or more in their own language in 2007. (p. 47) In 2006, it was even worse —only 73.1% could do so. It is disheartening to peruse the statistics for Standards III to V, where only 66.4% could read Standard I text or more in their own language in 2007. (p. 47) As Pratham stated at p. 7: “What should be more worrying though, is the fact that in Class 2, only 9 per cent children can read the text appropriate to them, and 60 per cent cannot even recognise numbers between 10 and 99.” ” 24. To make the right to education meaningful, a qualified teacher undoubtedly has significant role. In this regard we may quote with approval the following observations dealing with the importance of a trained teacher in the Full Bench judgment of the High Court in Shiv Kumar Sharma (supra): “56. …The training of a child, that is an integral part of child development, is essential for his grooming, as a human mind, without proper training is like a horse without a bridle difficult to ride. Children in their cradle of life with the help of teachers can mould their lives for higher ambitions in their manhood. To assess and mould children with these ideals is the job of a skilled teacher and the art of such skill is pedagogy. Teachers have to serve the larger interest of the society as they are building the future. Henry Brooks Adams said, "A teacher affects eternity; he can never tell where his influence stops" and more appropriately Christa Mcauliffe said " I touch the future. I teach". This requires the possession of virtues like sacrifice and honour which in turn brings respect to the status of a teacher and infuses confidence in the pupil. 57. Many children are victims of apathy and wrongly motived parental treatment. Their emotional and skillful assessment, and proper treatment, has to be handled within the clinic of an elementary school where the sole physician is none else than a trained teacher. A candidate possessing a mere educational or a training qualification without any genuine attribute may not necessarily be a good teacher. 58. It is in this background that one may remember those who have contributed to this skillful art of pedagogy. In the modern world the great philosopher and Educationist Rousseau, followed by the Swiss Predecessor of his German Pupils, Pestalozzi, are worth remembering. 58. It is in this background that one may remember those who have contributed to this skillful art of pedagogy. In the modern world the great philosopher and Educationist Rousseau, followed by the Swiss Predecessor of his German Pupils, Pestalozzi, are worth remembering. They were followed by the famous Germans Herbart and Froebel. The English with Lancaster and Bell followed suit and in the modern world it would be improper to forget the great contributions of Maria Montessori. 59. We do not wish to pile up names but this is only to emphasize that a great scientific contribution has been made to this skillful art of pedagogy. If one goes through the works of these great people, one can understand that child development and teaching children is no easy task and cannot be confined with the acquisition of a couple of degrees as a supplement to the complete attribute required of a teacher. The narrow meaning of qualification therefore that was being pressed into service by Sri Rahul Agrawal cannot be countenanced in view of the vast ocean of understanding that is required of a skillful teacher. 60. In the instant case the skill of the teacher should be lined with such ingredients that it kindles the spark of a child and balances a group of mentally uneven children. The duty of a good teacher is to bring the student into contact with the learning of fruitful elements that ensue an enduring significance in life, affirmative information of all modes of intellectual, systematical and practical activity that play a major part in the building of human mind and spirit. Their interplay is the exercise that has to be undertaken by a teacher. This exercise, particularly, in a class room of infants should be underlined with methods that are elastic enough to fit the varying needs of different types of children. The cultivation of mental training and discipline is the prime object of good teaching. We celebrate 5th of September each year as Teachers' Day to commemorate the birth of our late President Dr. S. Radhakrishnan. The cultivation of mental training and discipline is the prime object of good teaching. We celebrate 5th of September each year as Teachers' Day to commemorate the birth of our late President Dr. S. Radhakrishnan. He defined the good qualities of a teacher as follows: ‘A good teacher must know how to arouse the interest of the pupil in the field of study for which he is responsible, he must himself be a master in the field and be in touch with the latest developments in his subject, he must himself be a fellow traveler in the exciting pursuit of knowledge …’ 62. Describing the role model of teachers, our Former President of India Dr. A.P.J. Abdul Kalam, narrated his experience in his teachers' day speech on 5th September, 2003 and said that a school must have the best of teachers who have the ability to teach, love teaching and build moral qualities. 63. These are the challenges of teaching which have been referred to in the guidelines dated 11th February, 2011. It is in order to ensure that the candidate is possessed of such attributes. The guidelines further provide that a candidate will be presumed to have succeeded in the test if he scores 60% or more. Some confessions have been given for reduction in the said percentage in the case of scheduled caste, scheduled tribes, and other backward classes as well as differently abled persons. 64. The reason for this is that the art of teaching is designed to educate a child. Education is not mere acquisition of qualifications but is an overall development of a child to ensure growth and development. It is the awakening of the inner self and faculty of the child to the ways of the world. The teacher therefore should be possessed such qualities that he satisfies the curiosity of a child that enables him not only to read but to distinguish what is worth reading. The job of a teacher is not to fill the time-table with dull unintelligible tasks. This violates common sense and creativity brutally. Teaching and training cannot be effected in the absence of knowledge about the mind which is to receive them. 65. It is the systematic and purposeful construction of a personality, so that it leaves an everlasting effect on the mind. This violates common sense and creativity brutally. Teaching and training cannot be effected in the absence of knowledge about the mind which is to receive them. 65. It is the systematic and purposeful construction of a personality, so that it leaves an everlasting effect on the mind. The job of a teacher is to get across the confidence in a pupil, that there were good reasons for everything the teacher did. He has to be transparent and he cannot leave a pupil to guess that there are any hidden answers. A good teacher would like the pupil to lead the way. The teacher would follow and let the pupil know that his efforts would be recognised. This confidence would help the child to develop a strength in himself to cope up with his own world by observing and solving problems. The art of teaching should not be confined only to oral transmissions because what one hears one can forget. However, what one sees, one remembers but what one. does he understands. This is what should teaching be comprised of. The teacher should therefore be in a position to infuse into a child such attributes that he or she acquires the ability to assume responsibility for himself/herself. A psychological independence that enables him/her to decide at the same time and differentiate right from wrong. This capacity of a child which lies concealed in him has to be discovered in a way that the child finds this world an interesting place to live in. For this good teaching may be 1/4th preparation and 3/4th performance. 66. A teacher is like a professional as said by Danny Hillis, "A layman knows he has to kick it; and an amateur knows where to kick it; a professional knows how hard." This quality should be possessed professionally by a teacher as the object of teaching a child is to enable him to get alone without a teacher. 67. The skill of such a performance has to be assessed because teaching is a great art to educate youth to enable him to find out and discover his own peculiar aptitudes or create where none exists. A teacher has to create inclinations in the child which may serve as substitutes. 67. The skill of such a performance has to be assessed because teaching is a great art to educate youth to enable him to find out and discover his own peculiar aptitudes or create where none exists. A teacher has to create inclinations in the child which may serve as substitutes. The level of inspiration that has to be infused in a child should be such that he is able to make a mark in life as a complete human being. One should remember that "millions see the apple fall, but Newton was the one to ask why?" The job of a teacher at the primary level is to generate this element of curiosity in a child. 68. For this teachers have to be attributed with qualities that they are able to handle the weak and the nervous, the mediocre and intelligent with measured skill. This expertise is a onerous task and is a substantial part of pedagogy. To teach a child to become self sufficient is the art which has to be developed with caution so as not to destroy the fragile confidence by using harsh methods. The teacher eligibility test appears to be designed for this purpose. 69. It is to be remembered that teachers are to impart education to those souls who are between the period of innocence of childhood and the folly of youth. It is this aspect of pedagogy to educate a child to lead life that attains importance. 70. The art of dealing with children also involves knowing what not to say, and on the other hand patiently answering the unpredictable questions of an inquisitive child. A teacher should not give answers to children to remember only, but he should be able to give them problems to solve. It is then that the potentiality of the human race is better put to use "because a child is not a vase to be filled but a fire to be lit." (Francois Rabelais) . A Chinese Proverb goes a long way to say "give a man a fish and you feed him for a day. Teach a man to fish and you feed him for a lifetime." Teaching is infusing of ideas instead of stuffing the brain with facts. William Arthur Ward a famous educationist said that The mediocre teacher tells, a Good teacher explains, a Superior teacher demonstrates but the great teacher inspires." 71. Teach a man to fish and you feed him for a lifetime." Teaching is infusing of ideas instead of stuffing the brain with facts. William Arthur Ward a famous educationist said that The mediocre teacher tells, a Good teacher explains, a Superior teacher demonstrates but the great teacher inspires." 71. Children come from different backgrounds often being victimised by unwise and wrongly motived parental treatment. The teacher has to be more careful for he is enjoined with the duty of child development. This therefore is the background-in which the teachers role attains immense significance. It is for such reasons that the Union and the State appear to have come up with the necessity of a teacher eligibility test. 72. The importance of teaching and a teacher's selection should be to find out whether a candidate fulfills and is possessed of such attributes, that is capable of bringing out the best to ensure child development. "The art of teaching is the art of assisting discovery (Mark Van Doran)". This compulsory attribute is therefore to be assessed by the State while judging the capability of a teacher and which therefore is an essential qualification and not only a minimum qualification. The essential nature of this test therefore leaves no room for doubt that mere possession of educational qualification and a teachers training course is not sufficient to assess the capacity of a teacher. 73. Sir Winston Churchill while assessing the role of a teacher observed that the Head Masters of elementary schools have powers at their disposal with which even Prime Ministers have never been vested with. The reason is that the school master has to reckon not only with his pupils human tendency to run, but also with the unwisdom of parents in their early dealings with early tendency; elimination of wrong doing, not by plainly repressive methods is also one of the arts that has to be possessed by a skillful teacher. 74. All this goes to fulfill the objectives with which Article 45 of the Constitution of India was incorporated under the United Nations declaration which says that mankind owes to the child the best it has to give. An infant who does not know how to express himself, enters in an elementary school where he has to be taught his initial alphas and betas. An infant who does not know how to express himself, enters in an elementary school where he has to be taught his initial alphas and betas. The pronunciation, sentence-forming, elementary grammar and understanding of his first alphabets have to be installed in his mind with expertise. It is for this reason that the curriculum of the TET includes proficiency in the language of the medium of instruction, an optional language for a better understanding with the student, mathematics to assess the investigative strength of the mind and finally environmental studies to gauge the overall awareness of human life and nature. This has to be coupled with moral education and discipline and this entire combination in one performance is the skill of a teacher. He has to handle the weak and the nervous, the mediocre and intelligent, with an adequate measured skill for which a basic attribute with intelligence is required to be possessed by a teacher. A teacher cannot employ methods like knocking of a child because such methods do not always turn a timid boy into a courageous one nor does it turn a spoilt brat into an angel. Nonetheless it is useful to remember Bishop Fulton J Sheen who said "Every child should have an occasional pat on the back, as long as it is applied low enough and hard enough". For teachers and guardians the proverb "Give a child enough rope, and you will trip" is also a cautionary note. The acquisition of such expertise is what is desired to be assessed and that is what the teacher eligibility test is designed for. It is only to assess these qualities that would qualify a teacher for being appointed as such and therefore the teacher eligibility test is not a mere eligibility criteria but a qualification as prescribed in addition to the academic and training qualifications. 75. It would be apt to quote Charles Dickens in his famous book "Hard Times" where the quality of a teacher has been expressed from another angle as follows: “What I want is facts. Teach these boys and girls nothing but facts. Facts alone are wanted in life. Plant nothing else, and root out everything else.” 76. The role of teacher is therefore of a mediator of learning, a parent substitute, a controller of students' behaviour, an agent of social change and finally a judge of achievement. Teach these boys and girls nothing but facts. Facts alone are wanted in life. Plant nothing else, and root out everything else.” 76. The role of teacher is therefore of a mediator of learning, a parent substitute, a controller of students' behaviour, an agent of social change and finally a judge of achievement. The teacher who enters a school imparting elementary education has to act like a group leader who can remove the hindrances of doubts in the mind of an infant and generate creative development. Above all he has to in still in the mind of a youngster all virtues of courage and honesty as this part of education is a vital portion of child development. It is in the early years that the importance of education has to be preached so as to achieve what a former U.S. President Garfield said "Next in importance to freedom and justice is education without which the other two cannot be entertained. 26. We are in agreement with the above observations. We are unable to agree that even unqualified teachers ought to be allowed to continue ignoring the legislative mandate or that we should exercise our jurisdiction under Article 142 to undo the said mandate. Consideration for career of 1.78 lac Shiksha Mitras, over and above their legal right, cannot be at the cost of fundamental right of children to free quality education by duly qualified teachers in terms of legislative mandate.” 4. The writ petitions are accordingly dismissed. CATEGORY E 1. The petitioners have already passed the two years D.P.E. course from IGNOU. However, the N.C.T.E. has not recognized the said course unless the candidate has completed a six months bridge course for the purpose of treating them as trained. 2. It is the case of the petitioners that the said bridge course of six months was not conducted at the level of the respondents and the teachers therefore cannot be made to suffer on account of not conducting of the bridge course. 3. In the opinion of this Court, the petitioner’s bridge course is required to be conducted by the State Government as soon as possible and for the said purpose, it is directed that the State Government shall conduct the bridge course within a period of three months from the date of passing of this order. 4. 3. In the opinion of this Court, the petitioner’s bridge course is required to be conducted by the State Government as soon as possible and for the said purpose, it is directed that the State Government shall conduct the bridge course within a period of three months from the date of passing of this order. 4. On participating in the bridge course those teachers who cleared the bridge course shall be treated as continued in service but for others the order of termination in terms of the Act of 2017 shall apply. This is so because the training conducted by the IGNOU initially was treated as equivalent and it is subsequent Act of the N.C.T.E. declaring the same as unrecognized. The purpose under the R.T.E. Act, 2009 is to see the teachers are trained. Admittedly, two years training has already been granted to them and it is only for the purpose of recognition in terms of the N.C.T.E. that the six months bridge course is required to be done. It is also not a case where the teachers have refused to move for the bridge course. 5. Keeping in view thereto, the aforesaid directions are issued in their favor. The writ petitions are partly allowed. It is made clear that on account of any such reason an individual teacher who may have been removed from service shall be reinstated and allowed to continue, if he clears the bridge course he would be allowed to participate in the bridge course for the purpose. The reinstatement shall only be after he has completed the bridge course. Such teacher would be entitled for continuance of service. However, salary for the intervening period shall not be paid to him on terms of the principle of no work no pay. CATEGORY H 1. After having examined generally the facts of each case, this Court finds that the directions as issued herein above for each category would also govern the petitioners. Herein, it is for the State Government to examine facts of each and every teacher in terms of the order passed above. The petitioners would be free to make individual appropriate representation mentioning their own facts and the authority above as designated by the Director Education shall after referring to the directions of this Court in the preceding para’s pass a speaking order. 2. The petitioners would be free to make individual appropriate representation mentioning their own facts and the authority above as designated by the Director Education shall after referring to the directions of this Court in the preceding para’s pass a speaking order. 2. State Government considering the directions issued herein above, would also take decision with reference to the present petitioners. In spite thereto, if any grievance of any individual person is not meted out, he or she shall be free to individually file an appeal before the concerned District Appellate Authority for redressal of his or her grievance. 3. The writ petitions are accordingly disposed of as directed herein above.