SC directs Assam not to appoint teachers in schools, colleges under provincialisation scheme

New Delhi: The Supreme Court on Tuesday 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. Under the statutory scheme for provincialisation of teachers and employees of venture educational institutions, the state government takes over the liabilities for payment of fixed salaries and gratuity, pension, leave encashment as admissible under the existing rules meant for state government servants.

A bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and V Mohana took note of the submissions of senior advocate Ranjit Kumar, appearing for PIL petitioners Rajesh Chauhan and Madhab Mukunda Pujari. The PIL challenged the provincialisation framework on the grounds that it allegedly permits entry into substantive government service without a fair, transparent and competitive recruitment process.

Also read Assam tables Higher Education Council Bill in assembly to align state framework with NEP 2020

SC issues notices to Centre, Assam

The top court issued notices to the Centre and the Assam government and the commissioner and secretary concerned, and the Directors of Elementary Education, Secondary Education and Higher Education on the petition challenging the constitutional validity of the statutory scheme for provincialisation of teachers and employees of venture educational institutions in the state.

The petition challenged the provincialisation framework on the grounds that it allegedly permits entry into substantive government service without a fair, transparent and competitive recruitment process. The petitioners have contended that such a mechanism is unconstitutional and violative of Articles 14 and 16 of the Constitution, which guarantee equality before law and equality of opportunity in matters of public employment.

As an interim measure, the top court directed that no teachers shall be appointed or absorbed in schools and colleges 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.

Plea challenges Assam Provincialisation Act

The petition specifically challenges provisions of the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017, insofar as they allegedly permit the provincialisation of persons who do not possess the minimum qualifications prescribed under parliamentary enactments and statutory rules and regulations governing teacher eligibility .

The plea said that permitting persons lacking the prescribed qualifications to enter government or provincialised educational institutions violates Articles 14, 21A and 254 of the Constitution.

It also challenged provisions relating to the provincialisation of tutors, contending that persons who do not possess the minimum qualifications prescribed under applicable laws should not be permitted to impart classroom instruction in government and provincialised educational institutions.

Plea seeks review of provincialised teachers

Among other reliefs, the plea has sought directions to the Assam government to undertake a comprehensive review of all persons provincialised under the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 and the 2017 Act.

The proposed review should be limited to verifying whether such persons possess qualifications prescribed under applicable parliamentary enactments and statutory regulations, it said.

Also read Assam Board announces free duplicate certificates, marksheets for flood-hit students

The plea further sought directions restraining the authorities from allowing persons who do not possess the prescribed minimum qualifications to teach in government or provincialised educational institutions. It has also sought an order restraining the state and others from initiating or permitting any fresh appointments of teachers through the process of provincialisation.

The plea also sought a direction that all future appointments to government teaching posts be made only through a fair, transparent, merit-based and competitive recruitment process, consistent with Articles 14 and 16 of the Constitution and the statutory framework governing teacher qualifications.