The Supreme Court has passed an interim order restraining the appointment of teachers in schools and colleges unless they possess the qualifications prescribed under the Right to Education Act, the National Council for Teacher Education (NCTE) Act, and the University Grants Commission (UGC) Act.

A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana directed, as an interim measure, that no teacher shall be appointed or continued in service in schools or colleges without the requisite qualifications prescribed under the applicable statutory framework.

“As an interim measure, no teacher shall be appointed/observed in schools/colleges unless possessing requisite prescribed qualification under Right to Education Act/NCTE Act/UGC Act,” the Bench ordered.

The interim direction came while the Court issued notice on a Public Interest Litigation (PIL) challenging statutory schemes that provide for the provincialisation of teachers and employees of educational institutions.

The PIL questions the constitutional validity of such schemes to the extent that they permit teachers and other employees of such institutions to enter substantive Government service without undergoing a fair, transparent and competitive recruitment process.