The department of basic education has been taken to court to compel it to allocate teachers to schools in the Eastern Cape.
The Legal Resources Centre in Grahamstown says papers were filed last week.
The action is being brought on behalf of the Centre for Child Law, four school governing bodies in the Eastern Cape and the Bethelsdorp school governing body unit, representing 17 schools in Port Elizabeth.
The Centre's professor Ann Skelton says the application seeks to compel the Bhisho Education department to implement the 2012 post provisioning process.
She says there's been no post provisioning in the Eastern Cape since 2010.
"The problem in the Eastern Cape is that the department of education has failed to issue the post provisioning and that means that no new staff is able to be appointed. We are asking the minister to deal with the current 2012 post provisioning immediately and to make immediate plans for the 2013 post provisioning" Skelton said.