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The Supreme Court has put an interim hold on the appointment and absorption of teachers in Assam schools and colleges under the state's provincialisation scheme. The order raises questions about the process through which employees of venture educational institutions are being absorbed into government service.

A bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V Mohana passed the interim order on September 8, 2026, while hearing a petition challenging the constitutional validity of the provincialisation scheme. The court has also issued notices to the Centre, Assam government and senior officials of the state's education departments.

Supreme Court Stops Fresh Appointments

The Supreme Court directed the Assam government and concerned education authorities not to make fresh appointments or absorb teachers under the statutory framework until further orders.

The petition was filed by Rajesh Chauhan and Madhab Mukunda Pujari, represented by senior advocate Ranjit Kumar. The petitioners have challenged the legality of the provincialisation process, arguing that it could allow individuals to enter government service without following a fair, transparent and competitive recruitment procedure.

The petition raises constitutional questions concerning Articles 14 and 16, which provide for equality before the law and equal opportunity in public employment.

What Is Assam's Provincialisation Scheme?

Under Assam's provincialisation system, the state takes over the responsibility of selected venture educational institutions and their employees. Once an employee's service is provincialised, the government assumes responsibilities such as salary, gratuity, pension and leave encashment, subject to applicable rules.

The petitioners have questioned whether employees can be absorbed into government service without ensuring that they fulfil the educational qualifications and eligibility conditions prescribed for government teachers.

Plea Flags Unqualified Teachers

A key issue raised in the petition concerns the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017.

The petitioners have alleged that the law could permit the provincialisation of individuals who do not meet the minimum qualifications prescribed under parliamentary laws and statutory regulations.

They have argued that allowing such individuals to enter government or provincialised educational institutions could raise issues under Articles 14, 21A and 254 of the Constitution.

The petition also challenges provisions concerning the provincialisation of tutors and argues that individuals without the prescribed qualifications should not be allowed to teach or mentor students in public educational institutions.

Petition Seeks Review of Existing Employees

The petitioners have asked the government to examine all employees provincialised under the 2011 and 2017 Acts to determine whether they fulfil the legally prescribed qualification requirements.

They have also sought a complete halt to fresh appointments through the provincialisation process and called for future government teaching positions to be filled through a fair, transparent, merit-based and competitive recruitment process.

Supreme Court Order Is Interim

The Supreme Court has not yet ruled on the constitutional validity of Assam's provincialisation scheme. The latest order is an interim measure, and the broader legal issues raised in the petition will be examined during further proceedings.

The Centre, Assam government and concerned education officials have been asked to respond to the issues raised before the court. Further developments in the case will determine the future course of appointments and absorption under the scheme.

Source

Times of India – SC halts Assam teacher appointments under provincialisation scheme