HC declares Assam provincialisation act unconstitutional

Posted By: PTI
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Guwahati, Sept 23: In a verdict that may seal the fate of teachers in venture schools set up in rural areas by unemployed youths, the Gauhati High Court today declared as constitutionally invalid an act on provincialisation of services regarding educational institutions.

A division bench of justices Hrishikesh Roy and Paran Kumar Phukan also directed the state government to bring in a fresh legislation expeditiously, preferably within the next six months.


The Assam Venture Educational Institutions (Provincialization of Services) Act, 2011 was enacted to provincialise (bring under Assam government employment) teachers of such schools. The court delivered the judgement holding that the Act has many legal failings as it is not only discriminatory but is also repugnant to many aspects of the Right To Education Act and other central acts.

"The appointment of teachers in the venture institutions is not competition based and is opaque and therefore, quality of education is bound to suffer if this is allowed to continue. This naturally will negatively impact the next generation of our State," it said.

The bench passed the judgement after hearing a bunch of writ petitions challenging the validity of the act.


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