The Supreme Court on Tuesday (September 8, 2026) passed an interim order directing the Assam government not to appoint teachers in schools and colleges under a 2017 State law unless they possess the requisite qualifications prescribed under central laws.

The Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017, allows teachers of eligible non-government educational institutions to be absorbed into government service.

A three-judge Bench headed by Chief Justice of India Surya Kant passed the direction while hearing a petition by Assam residents Rajesh Chauhan and Madhab Mukunda Pujari challenging the 2017 law for allegedly allowing unqualified private school teachers to enter government service without meeting the requirements prescribed under central laws such as 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.

“Why are they appointing unqualified teachers?… We will destroy our future generations if this is permitted,” the Bench remarked, while restraining the State government from appointing or absorbing teachers in schools and colleges unless they possess the requisite qualifications prescribed under central laws.

The court also issued notice to the Centre, the Assam government, and the State education authorities and sought their responses on the petition.

Senior advocate Ranjit Kumar, appearing for the petitioners, argued that the law allowed teachers from private institutions to enter government service without adhering to processes such as open advertisement, competitive selection and merit-based assessment ordinarily required for public employment.

“They are now calling them tutors… the quality of education is suffering,” he said.

The petitioners contended that this creates an alternative route to public employment in violation of Articles 14 and 16 of the Constitution, which guarantee equality before the law and equality of opportunity in public employment, respectively. The challenge stems from the provincialisation of privately managed “venture educational institutions” that have proliferated across Assam, particularly in rural areas.

Among other reliefs, the petitioners have sought a review of all persons provincialised under the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011, and the 2017 Act to determine whether they possess the qualifications prescribed under applicable laws and regulations.

They have also sought a direction barring persons without the prescribed minimum qualifications from teaching in government or provincialised educational institutions.

“Issue an appropriate writ, order or direction like 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 states.

The Assam government enacted the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011, to absorb teachers from such institutions into government service. The Gauhati High Court subsequently struck down the law and its amendments, but protected those already absorbed after the State assured it that fresh legislation would address the legal defects identified by the court.

The petitioners contended that the 2017 law failed to cure these defects and allowed those already absorbed to continue without reassessment.