Photo Courtesy: nenow
Guwahati: The Supreme Court ordered the Assam government to stop hiring or absorbing teachers through its provincialisation scheme. The injunction remains in effect until further notice. A bench led by Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana issued the directive on Tuesday. The move halts the state's practice of taking over salary and benefit costs for staff at venture educational institutions.
Petitioners Rajesh Chauhan and Madhab Mukunda Pujari challenged the scheme's validity. Senior advocate Ranjit Kumar represented them in court. The petitioners claim the system bypasses competitive recruitment. They argue it violates Articles 14 and 16 of the Constitution regarding equality in public employment. The plea further cites Articles 21A and 254.
The court issued notices to the Centre, the Assam government, the commissioner and secretary, and the Directors of Elementary, Secondary, and Higher Education. The legal challenge targets the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017. It also questions the 2011 Act.
The lawsuit alleges the framework permits unqualified staff to enter government service. It specifically references standards from 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. The petitioners seek a comprehensive review of all personnel provincialised under these laws to verify if they hold the mandated qualifications.
Assam Education Minister Ranoj Pegu recently addressed the status of provincialised tutors. He stated, "Tutors without B.Ed or D.El.Ed qualifications, or those who have not cleared the TET, cannot be upgraded to regular teachers. This has to be understood."
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