Guwahati: 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 state’s provincialisation scheme.

The direction came as the court considered a PIL challenging the constitutional validity of the statutory framework governing the provincialisation of teachers and employees of venture educational institutions. The petitioners have contended that the scheme allows entry into substantive government service without a fair, transparent and competitive recruitment process.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana took note of submissions by senior advocate Ranjit Kumar, appearing for PIL petitioners Rajesh Chauhan and Madhab Mukunda Pujari.

The court directed that no teachers be appointed or absorbed under the applicable statutory framework, including provisions relating to 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 Supreme Court also issued notices to the Centre, the Assam government and the Commissioner and Secretary concerned, besides the Directors of Elementary Education, Secondary Education and Higher Education.

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 allow the provincialisation of persons who do not possess the minimum qualifications prescribed under parliamentary enactments and statutory rules and regulations governing teacher eligibility.

The petitioners have contended that the mechanism is unconstitutional and violates Articles 14 and 16 of the Constitution, which guarantee equality before law and equality of opportunity in matters of public employment.

Under the statutory scheme for provincialisation of teachers and employees of venture educational institutions, the state government assumes responsibility for fixed salaries and other benefits, including gratuity, pension and leave encashment, as admissible under rules applicable to state government employees.

The direction comes against the backdrop of the Assam government’s recent clarification on the long-standing demand by provincialised tutors for regularisation as teachers. The government had said that tutors who do not possess the prescribed qualifications cannot be upgraded to regular teachers.

“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,” Education Minister Ranoj Pegu said on the sidelines of an event on September 6.