WP(C) 3492/2011 BEFORE THE HON’BLE MR. JUSTICE IA ANSARI Heard Mr. SC Biswas, learned counsel for the petitioner, and Mr. PN Gosw ami, learned Standing counsel, Education Department. Heard also Mr. C Barua, lea rned Central Government Counsel. The petitioner’s father, while working as Headmaster of Maghajaroni LP School, d ied, in harness, on 20-08-1998. Following his father’s death, the petitioner app lied, on 22-12-2009, for appointment on compassionate ground. The petitioner sub mits that the concerned District Level Committee has considered the petitioner’s case and sent the proposal for appointment of the petitioner, as Assistant Teac her in LP School, on compassionate ground, to State Level Committee. However, in the meeting of the State Level Committee, the State Level Committee found that the petitioner did not have the requisite qualification of two years of educatio nal diploma as prescribed by the National Council for Teacher Education under Se ction 23(1) of the Right of Children to Free and Compulsory Education Act, 2009. The State Level Committee, therefore, suggested to the District Level Committee to suggest the case of the petitioner for Class III or Class IV posts. Assistan t Teacher. The State Level Committee also asked the department concerned of the State Government to take the views of the Government of India if relaxation of t he minimum educational qualification for appointment on compassionate ground is possible. What, now, transpires is that, in exercise of its powers under Section 23(1) of the Right of Children to Free and Compulsory Education Act, 2009, the State Gove rnment has by its notification, dated 26-08-2011, relaxed the requisite qualific ation for appointment of Assistant Teacher, namely, (a) 2 year Diploma in Eleme ntary Education (by whatever name known) for appointment of teacher in classes I to VII, and (b) 1 year Bachelors in Elementary Education for appointment of a t eacher in classes VI to VIII , subject to fulfillment of certain conditions appe nded thereto. The notification has, however, made it clear that the relexation w ould be provided till 31-03-2015. In view of the change in the policy decision of the Government by granting relax ation, as indicated above, the case of the petitioner needs to be re-examined an d reconsidered by the District Level Committee and if the petitioner’s name is r ecommended, then, the matter needs to be considered and decided by the State Lev el Committee for appointment as Assistant Teacher. Coupled with the above, what is also to be noted is that the age of the petition er is, now, above 40 years. As the relaxation is retrospective in effect, whethe r the name of the petitioner can be recommended for appointment as an Assistant Teacher is another aspect of the case, which needs to be considered by the Distr ict Level Committee as well as the State Level Committee. Situated thus, this writ petition is disposed of with direction to the responden ts, particularly, respondent No. 1, namely, Commissioner and Secretary to the Go vernment of Assam, Education (Elementary) Department, Guwahati, to take appropri ate steps so that the case of the petitioner is placed before the District Level Committee within a period of two months from today. Furnish a copy of this order to the learned Standing Counsel, Education Departme nt, Government of Assam.