CJI Surya Kant, Justice Joymalya Bagchi, Justice V. Mohana, Supreme Court

The Supreme Court has directed that no teacher shall be appointed or absorbed in schools or colleges unless they possess the requisite prescribed qualifications under the Right of Children to Free and Compulsory Education Act, 2009, the National Council for Teacher Education Act, 1993, and the University Grants Commission Act, 1956.

The Plea prayed for a direction declaring that the statutory scheme providing for provincialisation of teachers and employees of venture educational institutions, to the extent it permits entry into substantive Government service without a fair, transparent and competitive recruitment process, is unconstitutional and violative of Articles 14 and 16 of the Constitution of India.

The Bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana ordered, "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 then UGC Act."

Senior Advocate Ranjit Kumar appeared for the Petitioner

CJI Kant remarked, "Why they are appointing unqualified people? How are they dealing with the future of students?"

Kumar replied, "They now changed the litigation calling them tutors. Quality of education... the quality of education is suffering!"

CJI Kant also remarked, "They will destroy the future of the generations with this kind of arrangement."

The petitioners sought a writ declaring the provisions of the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017 unconstitutional to the extent they permit provincialisation of unqualified individuals, alleging violations of Articles 14, 21A, and 254 of the Constitution.

It was prayed, "Issue an appropriate writ. order or direction in the nature of Mandamus and/or Prohibition, declaring that the provisions of the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 201 7, to the extent they permit provincialisation of persons who do not possess the minimum qualifications prescribed under the Right of Children to Free and Compulsory Education Act, 2009, the National Council for Teacher Education Act, 1993, the University Grants Commission Act, 1956, and the Rules and Regulations framed thereunder, are unconstitutional and void as being violative of Articles 14, 21A and 254 of the Constitution of India"

It was also urged that a direction may be passed declaring that the provisions relating to the provincialisation of Tutors, insofar as they permit persons not possessing the minimum qualifications prescribed by Parliamentary enactments to impart classroom instruction in Government and provincialised educational institutions, are unconstitutional and unenforceable;

"Issue an appropriate Writ. order or direction in the nature of Mandamus, directing the respondent-State to undertake a comprehensive review of all persons provincialised under the Assam Venture Educational Institutions Provincialisation of Services) Act, 2011 and the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educationa Institutions) Act, 2017, for the limited purpose of verifying whether they possess the qualifications prescribed under the applicable Parliamentary enactments and statutory Regulations...Issue an appropriate writ, order or direction in the nature of Mandamus and/or Prohibition. directing that no person who does not possess the minimum qualifications prescribed under the applicable Parliamentary enactments and statutory Regulations shall be permitted to impart classroom instruction in Government or provincialised educational institutions", the Plea said.

The Plea sought directions to the Respondents to ensure that all future appointments to Government teaching posts are made only through a fair, transparent, merit- based and competitive recruitment process consistent with Articles 14 and 16 of the Constitution and the statutory framework governing teacher qualifications.

Accordingly, the petition will be heard on a later date. 

Cause Title: Rajesh Chauhan and Anr. v. Union of India & Ors. [WRIT PETITION (CIVIL) NO. 001102/2026]

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