Justice Dipak Misra and Justice C. Nagappan asked two state governments to issue their posting orders within a week and thereafter gave the 32 teachers three weeks’ time to join their new postings in schools.
The court order came as it rejected a plea by the teachers to allow them to continue to be in their present position till the end of the current academic year as their transfers would adversely affect their children’s education and the employment of their spouses.
Directing their withdrawal from their current positions, the bench in its order said: “They could not have been deputed in their current positions. Though they are not at fault but being bound by the law (Right to Education Act), we can’t pass an order to allow the teachers to continue till June 2017. If we do so, it would be express violation of legislative command.”
Having said this, the bench declined the plea by the affected teachers who are working as personal assistant or secretaries of the lawmakers in the Andhra Pradesh and Telangana State assemblies.
Expressing confidence that this kind of situation would not arise in the future, the bench directed the state governments to admit their children in mid-session. “We command that children are given mid-term admission.”
The court order came on a petition by the Parent Teachers Federation which drew the attention of the court towards teachers being posted as personal assistant of the lawmakers while there was shortage of teachers in the schools.