Supreme Court orders halt on appointment of unqualified teachers to schools, colleges

The Supreme Court on Tuesday passed an interim direction restraining the appointment or continuation of unqualified teachers in schools and colleges.

A Bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana passed the order in a case concerning Assam's teacher provincialisation scheme.

"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/ The National Council for Teacher Education Act, 1993/ The University Grants Commission Act, 1956 till further orders," the Court said.

CJI Kant remarked that continuing to induct unqualified persons as teachers would destroy the future of students.

"Such kind of thing will destroy future generations."

The Court passed the order while issuing notice on a public interest litigation (PIL) challenging the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017.

Senior Advocate Ranjit Kumar, appearing for the petitioner, told the Court that Assam had appointed teachers in localities to keep schools running and that this scheme was later validated through a 2018 amendment to the 2017 Act.

The validating amendment was under challenge before the Gauhati High Court in Mohor Ali Sheikh and Others v. State of Assam.

A division bench of the High Court, in a judgment dated October 4, 2024, examined the constitutionality of the provincialisation framework and directed the State to put in place a regular pay scale for the affected tutors, commensurate with the schedule under the governing Act.

Kumar told the Supreme Court that the High Court had also made observations concerning teachers found to be unqualified, directing that they continue to be paid their full salaries.