Section 23 of The Right of Children to Free and Compulsory Education Act, 2009
- (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. 1[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 (24 of 2017).]
- (3)The salary and allowances payable to, and the terms and conditions of service of, teachers shall be such as may be prescribed.
Summary
- Section 23 of the Right to Education Act states that teachers must have the minimum qualifications decided by the authorized academic authority.
- The central government can temporarily relax these qualifications for up to five years in states without enough training colleges or qualified teachers.
- Teachers who did not have the required qualifications when the law started were given five years to acquire them.
- Under a later amendment, teachers appointed by March 31, 2015, who lacked these qualifications had to acquire them within four years from April 1, 2015.
- The salaries, allowances, and daily service conditions of school teachers are decided by rules made under this law.
Practical examples
FAQ
1. Who decides the minimum qualifications for appointing school teachers under Section 23 of the Right of Children to Free and Compulsory Education Act, 2009?
Under Section 23 of the Right of Children to Free and Compulsory Education Act, 2009, the minimum qualifications are decided by an academic authority authorized by the central government.
2. For how long can the central government relax teacher qualifications under Section 23 of the Right to Education Act?
Under Section 23 of the Right to Education Act, the central government can relax the minimum teacher qualifications for a period not exceeding five years at a time.
3. By when did existing teachers who lacked the required qualifications have to acquire them under Section 23 of the education law?
Under Section 23 of the education law, existing teachers who lacked qualifications at the start of the Act had to acquire them within five years. Teachers in position as of March 31, 2015, were given four years from April 1, 2015, to acquire them.
4. Who decides the salaries and service conditions of teachers under Section 23 of the Right to Education Act?
Under Section 23 of the Right to Education Act, the salary, allowances, and terms and conditions of service for teachers are decided by rules made by the government.
Test yourself
Q1.Under Section 23 of the Right of Children to Free and Compulsory Education Act, 2009, who has the power to relax the minimum qualification requirements for appointing teachers?
Q2.Under Section 23 of the Right of Children to Free and Compulsory Education Act, 2009, what is the maximum duration for which teacher qualification requirements can be relaxed?
Q3.Under Section 23 of the Right of Children to Free and Compulsory Education Act, 2009, which authority decides the minimum qualifications required to be appointed as a teacher?
Q4.Under Section 23 of the Right of Children to Free and Compulsory Education Act, 2009, as amended in 2017, by what date must teachers appointed or in position as of March 31, 2015, acquire the mandatory minimum qualifications if they do not possess them?