The Supreme Court has directed the Assam Government and the Education Department not to appoint or transfer any teacher in schools and colleges under the state’s provincialisation scheme.
Under the statutory scheme of provincialisation of services of teachers and employees of “venture” educational institutions, the State Government has taken responsibility for paying them specific salaries. Moreover, the Government is also responsible for providing benefits like gratuity, pension, and leave encashment as per the current rules applicable to State Government employees. In Assam law, “venture” educational institution means a school-college established by local people, whose service has not yet been nationalised/provincialised.
The bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohan heard the arguments of senior advocate Ranjit Kumar, appearing for the public interest petitioners Rajesh Chouhan and Madhav Mukund Pujari.
The Public Interest Litigation (PIL) challenges the provincialisation system on the ground that it “allows people to join regular government service without a fair, transparent and competitive recruitment process.”
Challenging the constitutional validity of the statutory scheme for provincialisation of services of teachers and staff of venture educational institutions in the state, notices were issued to the Central and Assam Governments, concerned Deputy Commissioners, and Directors of Elementary Education, Secondary Education, and Higher Education. The petitioners argued that such a system is unconstitutional and violates Articles 14 and 16 of the Constitution. These articles guarantee equality before the law and equal opportunity in matters of public employment.
As an interim measure, the Supreme Court directed that till the matter is considered further, no teacher shall be appointed or transferred to service in schools and colleges under the applicable statutory framework.