GUWAHATI: The Supreme Court has directed that no teacher be appointed or absorbed in any school or college in Assam unless the candidate has the qualifications prescribed under the applicable laws.
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A bench headed by Chief Justice of India Surya Kant issued the interim direction while hearing a petition challenging the provisions governing the provincialisation of teachers and employees of venture educational institutions in Assam.
The court directed that teachers cannot be appointed or absorbed without the qualifications prescribed under the Right of Children to Free and Compulsory Education Act, 2009, the National Council for Teacher Education (NCTE) Act, 1993, and the University Grants Commission (UGC) Act, 1956.
“As an interim measure, it is directed that no teacher shall be appointed/absorbed in schools or colleges unless such candidates possess the requisite prescribed qualification under the Right of Children to Free and Compulsory Education Act, 2009, NCTE Act, and the UGC Act,” the court said.
During the hearing, Chief Justice Surya Kant questioned the appointment of teachers who do not meet the prescribed qualifications.
“Why they are appointing unqualified people? How are they dealing with the future of students?” the Chief Justice asked.
Senior advocate Ranjit Kumar, appearing in the matter, told the court that some of the individuals were being designated as tutors.
“They now are calling them tutors. Quality of education, the quality of education is suffering!” he submitted.
The petition challenges the statutory framework governing the provincialisation of teachers and employees of venture educational institutions in Assam. The petitioners have argued that the framework allows such personnel to be inducted into government service without a fair, transparent and competitive recruitment process.
The petitioners have challenged provisions of the Assam Education (Provincialization of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017, contending that they allow the provincialisation of persons who do not possess the minimum qualifications prescribed under the RTE Act, NCTE Act and UGC Act and the regulations framed under them.
The plea also challenges provisions concerning the provincialisation of tutors. It argues that persons who do not possess the prescribed qualifications should not be allowed to impart classroom instruction in government and provincialised educational institutions.
The petitioners have further sought a review of teachers and employees provincialised under the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011, and the 2017 Act to determine whether they meet the qualifications required under the applicable laws and regulations.
They have also sought directions to ensure that future appointments to government teaching posts are made through a fair, transparent, merit-based and competitive recruitment process in accordance with Articles 14 and 16 of the Constitution.
The Supreme Court's interim direction will remain in force pending further proceedings in the matter.