WP(C) 3501/2011 BEFORE THE HON’BLE MR JUSTICE I. A. ANSARI Heard Mr. S. C. Biswas, learned counsel for the petitioner, and Mr. N. Rajkhowa, learned Standing Counsel, Education Department, Govt. of Assam, appearing for r espondent Nos.1, 2 and 3. Also heard Mr. H. K. Barman, learned Government Advoca te, Assam, appearing for respondent Nos.4 and 5 and Mr. D. C. Chakraborty, learn ed Central Govt. Counsel, appearing for respondent No.6. The petitioner’s father, Abdul Aziz, died in harness, on 28.02.1998, while he wa s working as Headmaster of Erasuti Jungle L. P. School. On the death of his fath er, the petitioner applied for appointment as a L.P. School Teacher, under the r elevant scheme, for appointment on compassionate ground. The District Level Comm ittee of Sonitpur having examined the petitioner’s case forwarded with its recom mendation for appointment on compassionate ground as Assistant Teacher in L. P. School. However, in the meeting of the State Level Committee the State Level Com mittee found that the petitioner did have the requisite qualification of two yea rs of educational diploma as prescribed by the National Council for Teacher Educ ation under Section 23(1) of the Right of Children to Free and Compulsory Educat ion Act, 2009. The State Level Committee, therefore, suggested to the District L evel Committee to suggest the cases of the petitioners for Class-III or Class-IV posts. The State Level Committee also asked the department concerned of the Sta te Government to take the views of the Government of India if relaxation of the minimum educational qualification for appointment on compassionate ground is pos sible. What, now, transpires is that, in exercise of its power under Section 23( 1) of the Right of Children to Free and Compulsory Education Act, 2009, the Stat e Government, pursuant to the relaxation granted by the Central Government by it s notification, dated 26.8.2011, relaxed the requisite qualification for appoint ment of Assistant Teacher, namely, a) 2-year Diploma in Elementary Education (by whatever name known) for appo intment of a teacher in classes I to VIII, and (b) 1-year Bachelors in Elementary Education for appointment of a teacher in cla sses VI to VIII subject to fulfillment of certain conditions appended thereto. The notification has, however, made it clear that the relaxation would be provided for a period upto 31.03.2015. In view of the change in the policy decision of the Government by granti ng relaxation, as indicated above, the case of the petitioner needs to be re-exa mined and reconsidered by the District Level Committee and if the petitioner’s n ame is will recommended that the matter needs to be considered and decided by th e State Level Committee. This apart, what has also to be noted that the age of the petitioner is, now, above 40 years. As the relaxation is retrospective in effect, whether the name of the petitioner can be recommended for appointment as an Assistant Teache r is another aspect of the case, which needs to be considered by the District Le vel Committee as well as the State Level Committee. Situated thus, this writ petition is disposed of with direction to the r espondents, particularly, respondent No.1, namely, Commissioner & Secretary to t he Government of Assam, Education (Elementary) Department, to take appropriate s teps so that the case of the petitioner is placed before the District Level Comm ittee within a period of two months from today. Furnish a copy of this order to the learned Standing Counsel, Education Department, Govt. of Assam.