Today, the Supreme Court, directed the Assam government and its education departments not to appoint teachers in schools and colleges under the state’s provincialisation scheme until further orders.
A Bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana took note of submissions made by senior advocate Ranjit Kumar, appearing for PIL petitioners Rajesh Chauhan and Madhab Mukunda Pujari.
The Public Interest Litigation challenges the constitutional validity of the statutory framework for provincialising teachers and employees of venture educational institutions. The petitioners contend that the scheme allows person to enter substantive government service without undergoing a fair, transparent and competitive recruitment process.
The court issued notices to the Centre, the Assam government and senior officials of the education departments, including the Directors of Elementary, Secondary and Higher Education.
As an interim measure, the court directed that no teachers be appointed or absorbed under the applicable statutory framework, including provisions linked to the Right to Education Act, the National Council for Teacher Education Act, 1993, and the University Grants Commission Act, 1956.
The petition also challenges provisions of the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017, particularly those concerning teacher eligibility and minimum qualifications.