SC bars Assam from appointing, absorbing teachers under provincialisation scheme

The Supreme Court on September 8 directed the Assam government and its education departments not to appoint or absorb teachers in schools and colleges under the state’s provincialisation scheme, pending further consideration of a challenge to the statutory framework.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana issued notices to the Centre, the Assam government and senior education officials on a PIL challenging the constitutional validity of the scheme for provincialisation of teachers and employees of venture educational institutions.

The petitioners, Rajesh Chauhan and Madhab Mukunda Pujari, have argued that the provincialisation framework allows individuals to enter substantive government service without undergoing a fair, transparent and competitive recruitment process.

The plea contends that such a mechanism violates Articles 14 and 16 of the Constitution, which guarantee equality before law and equality of opportunity in public employment.

As an interim measure, the court directed that no teachers shall be appointed or absorbed in schools and colleges under the applicable statutory framework, including laws and regulations governing teacher eligibility.

The petition specifically challenges provisions of the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017, alleging that it permits the provincialisation of persons who do not possess minimum qualifications prescribed under parliamentary laws and statutory regulations.

The petitioners have also challenged provisions concerning the provincialisation of tutors, arguing that those without the prescribed minimum qualifications should not be allowed to teach in government or provincialised educational institutions.

The plea further sought a comprehensive review of all persons provincialised under the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 and the 2017 Act, limited to verifying whether they possess the qualifications mandated under applicable laws.

It also sought directions restraining the state from making fresh teacher appointments through provincialisation and urged that all future government teaching posts be filled through a fair, transparent, merit-based and competitive recruitment process.