Supreme Court halts teacher appointments under Assam provincialisation scheme

The Supreme Court of India has issued an interim directive prohibiting the appointment or absorption of teachers in schools and colleges unless they meet specific legal qualifications. A bench led by Chief Justice Surya Kant, including Justices Joymalya Bagchi and V Mohana, issued the order while hearing a Public Interest Litigation (PIL) regarding the provincialisation of teachers in venture educational institutions.

The court emphasized that all appointments must comply with the mandates of the Right to Education Act, the National Council for Teacher Education (NCTE) Act, and the University Grants Commission (UGC) Act. Specifically, the directive instructs the Assam government and its education departments to halt fresh appointments or absorptions under the state’s provincialisation scheme pending further judicial consideration.

The underlying legal challenge questions the constitutional validity of the framework that allows educational staff to transition into government service. Under the current provincialisation scheme, the state assumes responsibility for salaries, pensions, gratuity, and other benefits. Petitioners argue that the existing process may allow individuals to enter substantive government service without undergoing a fair and transparent selection process.