New Delhi [India], September 8 : The Supreme Court on Tuesday barred the Assam government from making fresh appointments or absorbing teachers under the state’s provincialisation scheme, pending further orders.
A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana issued notices to the Centre and Assam government on a PIL challenging the constitutional validity of the scheme.
The petitioners Rajesh Chauhan and Madhab Mukunda Pujar have alleged that the framework allows teachers of venture educational institutions to enter government service without a fair and competitive recruitment process, in violation of Articles 14 and 16 of the Constitution.
The plea also questioned the provincialisation of teachers and tutors who allegedly do not meet minimum qualifications prescribed under central laws and regulations governing teacher eligibility.
The court’s interim order will cover appointments and absorption under the applicable statutory framework, including the Right of Children to Free and Compulsory Education Act, the National Council for Teacher Education Act, 1993, and the University Grants Commission Act, 1956, pending further consideration of the matter.
The petition also challenged provisions of the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017, insofar as they allegedly allow persons lacking the minimum qualifications prescribed under central laws and statutory regulations for teachers to be provincialised.
The plea also sought to restrain the State from making any fresh appointments through the provincialisation process and has urged that all future government teaching posts be filled through a fair, transparent, merit-based and competitive recruitment process in accordance with Articles 14 and 16 of the Constitution and prescribed teacher eligibility norms.