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 state’s provincialisation scheme until further orders, while examining a challenge to the statutory framework governing the process.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana issued notices to the Centre, the Assam government and senior education officials on a PIL challenging the constitutional validity of the laws governing the provincialisation of teachers and employees of venture educational institutions.

The petitioners, Rajesh Chauhan and Madhab Mukunda Pujari, have contended that the provincialisation framework allows individuals to enter substantive government service without undergoing a fair, transparent and competitive recruitment process.

The plea argues that such a mechanism violates Articles 14 and 16 of the Constitution, which guarantee equality before law and equality of opportunity in public employment. As an interim measure, the court directed that no teachers be appointed or absorbed in schools and colleges under the applicable statutory framework, including provisions governing teacher eligibility.

The petition specifically challenges provisions of the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017, alleging that the law permits provincialisation of persons who do not possess the minimum qualifications prescribed under parliamentary laws and statutory regulations.

The petitioners have also challenged provisions relating to the provincialisation of tutors, arguing that persons who do not meet the prescribed minimum qualifications should not be permitted to teach in government or provincialised educational institutions.

The plea has sought a comprehensive review of all persons provincialised under the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 and the 2017 Act to verify whether they possess the qualifications mandated under applicable laws.

It has also sought directions restraining the Assam government from making fresh teacher appointments through the provincialisation route. According to the petitioners, future government teaching posts should instead be filled through a fair, transparent, merit-based and competitive recruitment process.

The Supreme Court’s interim direction will remain in force pending further consideration of the challenge.