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Sainik School Gorakhpur students complete foundation course in SCUBA diving
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SC Halts Absorption, New Appointment of Teachers Under Assam's Provincialisation Scheme
A three-judge bench of the Supreme Court has directed the Assam government and its education departments not to appoint or absorb teachers in schools and colleges under the provincialization scheme in the state. The bench comprising Chief Justice Surya Kant and justices Joymala Bagchi and V Mohana noted the submissions of senior advocate Ranjit Kumar, who appeared for PIL petitioners Rajesh Chauhan and Madhab Mukunda Pujari. The statutory scheme in Assam for provincialization of teachers and employees of venture educational institutions allows the state government to take over the liabilities of payment of fixed salaries and gratuity, pension, and leave encashment as admissible under the existing rules for state government employees. The PIL has challenged the framework of provincialization because it allegedly allows entry into substantive government service without a fair, transparent and competitive recruitment process. The apex court has issued notices to the central government, the state government of Assam and the concerned commissioner and secretary, along with the directors of elementary education, secondary education and higher education on the petition challenging the constitutional validity of the scheme. The petitioners questioned the constitutional validity of Assam’s provincialisation system, arguing that it allows individuals to enter regular government service without undergoing a transparent, competitive and merit-based recruitment process. The PIL argued that such a system is contrary to the constitutional guarantees under Articles 14 and 16, which provide for equality before the law and equal opportunity in public employment. The challenge particularly concerns provisions of the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017. The petition alleges that the law enables the provincialisation of teachers and other personnel who may not meet the minimum eligibility criteria laid down under central legislation, statutory rules and regulations governing appointments in the education sector. According to the plea, allowing individuals without the prescribed qualifications to serve in government or provincialised educational institutions raises questions under Articles 14, 21A and 254 of the Constitution. Article 21A guarantees the right to education, while Article 254 deals with inconsistencies between laws enacted by Parliament and state legislatures. The petition has also raised objections to the provincialisation of tutors. It contends that individuals who do not satisfy the mandatory qualification requirements under applicable laws should not be permitted to undertake classroom teaching in government or provincialised institutions. The petitioners have further sought a comprehensive verification of individuals whose services were provincialised under the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011, as well as under the 2017 legislation. The proposed exercise, according to the plea, should focus specifically on determining whether the concerned individuals possess the qualifications mandated by relevant parliamentary laws, statutory rules and regulatory provisions. The petition has also sought directions preventing authorities from permitting individuals who fail to meet the prescribed eligibility standards from teaching in government or provincialised educational institutions. In addition, the petitioners have urged the court to prohibit the state authorities from making any further teacher appointments through the provincialisation route. The plea has instead called for all future appointments to government teaching positions to be made through a transparent, competitive and merit-based selection process. Such appointments, it said, must comply with Articles 14 and 16 of the Constitution as well as the statutory and regulatory framework governing teacher eligibility. Also Read: Supreme Court Revives Karimganj Election Petition, Sends Matter to Gauhati HC