The Supreme Court Wednesday warned the state governments against engaging teachers as private secretaries to ministers and MLAs, asserting that letting this practice go on would mean permitting a “constitutional disaster”.
“We are not going to make constitutional disaster. The Constitution empowers us to be compassionate and humane, but we cannot perpetuate a thing which is not permissible in law,” said a bench of Justices Dipak Misra and C Nagappan.
It added that teachers serving as private secretaries of MLAs and MPs was a thing “unheard of” and this could very well be against than date if the Right to Education Act too.
The bench cautioned Telangana and Andhra Pradesh governments against doing it ever again. The court was adjudicating a plea by around 30 teachers from Telangana, who had been directed by the government to join back their duties as teachers.
The bench said that “good sense has prevailed” on the Telangana government and asked teachers to join their duty within three weeks.
The teachers had sought a permission to remain on deputation at least till the end of present academic session on the ground that their transfer to the parent cadre would create problems for their wards who may lose a session.
At this, the court asked the state government to ensure that the wards of teachers, who would be moving out from their present place of employment, get admissions in schools at their new places of work.
It also said that the teachers could be put on deputation duty but they cannot be deputed as private secretaries to MLAs and ministers as it was in violation of the Right to Education Act.