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 provincialisation scheme in the State.
| Photo Credit: Shashi Shekhar Kashyap
The Supreme Court on Tuesday (September 8, 2026) passed an interim order directing the Assam government and its education authorities to not appoint or absorb teachers in schools and colleges under the State’s provincialisation scheme unless they possessed the prescribed minimum qualifications.
Under the provincialisation scheme, the State takes over the financial liabilities of eligible non-government educational institutions, including the payment of salaries and service benefits such as gratuity, pension, and leave encashment to their employees.
A three-judge Bench headed by the Chief Justice of India, Surya Kant, was hearing a plea challenging the provisions of the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017 insofar as they permit the provincialisation of teachers who do not possess the minimum qualifications prescribed under the Right of Children to Free and Compulsory Education Act, 2009; the National Council for Teacher Education Act, 1993; the University Grants Commission Act, 1956, and the regulations framed under them.
“As an interim measure, no teacher shall be appointed/absorbed in schools/colleges unless possessing the requisite prescribed qualification,” the Bench said.
The court also issued notice to the Centre, the Assam government, and the State education authorities and sought their responses on the petition.
Senior advocate Ranjit Kumar, appearing for the petitioners, told the Bench that allowing teachers without the requisite qualifications to be absorbed under the scheme was affecting the quality of education.
“They will destroy the future of generations with this kind of arrangement,” the Chief Justice remarked.
The petitioners, Rajesh Chauhan and Madhab Mukunda Pujari, have challenged the provincialisation framework on the ground that it allows persons to enter government service without undergoing a fair, transparent and competitive recruitment process. They contend that this violates Articles 14 and 16 of the Constitution, which guarantee equality before the law and equality of opportunity in public employment, respectively.
Among other reliefs, the petitioners have sought a comprehensive review of all persons provincialised under the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011, and the 2017 Act to determine whether they possess the qualifications prescribed under the applicable laws and regulations.
The plea also seeks to restrain the State from making fresh teaching appointments through provincialisation and asks that all future appointments to government teaching posts be made through a fair, transparent, merit-based and competitive recruitment process in accordance with constitutional guarantees.
It has further sought a direction prohibiting persons without the prescribed minimum qualifications from teaching in government or provincialised educational institutions.
“Issue an appropriate writ, order or direction like Mandamus and/or Prohibition… directing that no person who does not possess the minimum qualifications prescribed under the applicable Parliamentary enactments and statutory Regulations shall be permitted to impart classroom instruction in government or provincialised educational institutions,” the plea adds.
Published – September 08, 2026 12:49 pm IST
