Staff Reporter
Guwahati: The Supreme Court (SC) on Tuesday (Sept 8) issued an interim order directing the Assam government and relevant authorities not to appoint or absorb any teacher in schools or colleges unless the candidate possesses the prescribed qualifications under the applicable central laws and not under the state law of 2017.
The Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017, allows teachers from eligible non-government educational institutions to be absorbed into government service.
Two Assam residents, Rajesh Chauhan and Madhab Mukunda Pujari, challenged the 2017 state law for allegedly allowing unqualified venture school teachers to enter government service without meeting the requirements prescribed under central laws. Their plea challenges the Provincialisation Act, 2017, on the grounds that it allows individuals to enter government service without undergoing a fair, transparent, and competitive recruitment process.
A bench comprising the Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana passed the interim direction while hearing Writ Petition (Civil) No. 1102/2026, filed by Rajesh Chauhan and another against the Union of India and others.
The SC bench directed the Centre, the Assam government, and the state education authorities to respond to the petition and issued a notice that is returnable on September 28, 2026. The court also allowed the service of notice to be conducted through dasti.
As an interim measure, the Bench ordered that no teacher shall be appointed or absorbed in schools or colleges unless they possess the requisite prescribed qualifications under the Right of Children to Free and Compulsory Education Act, 2009, the National Council for Teacher Education Act, 1993, or the University Grants Commission Act, 1956.
The direction will remain in force until further orders from the Supreme Court, the order on Tuesday stated.
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