Justice M N Bhandari said "the Right to Education Act as also the constituional amendment has made the right to education a fundamental right and it is incumbent upon the teachers and the government to provide better education.
"There is already an acute shortage of teachers in government schools and most of the teachers are working on deputations, which is illegal", he said.
The teachers are meant only to teach and hey cannot be assigned with any other job after the enactment of the RTE Act as also the constituional amendment, Justice Bhandari added.
The order came on a petition filed by one Suresh Chand Meena who was originally appointed as a teacher in primary eucation centre in Lalsot in Dausa district but was immediately thereafter taken on deputation in Women and Child Welfare department and was recently transferred after the ban on transfers were lifted.
Meena had challenged his transfers on several grounds.
Justice Bhanari said a teacher is not meant to do clerical jobs as teaching is the only objective for which he was given appointment but they cannot be placed on deputation leaving students at their own peril to complete the courses.
The court then directed the state government to send back all teachers working on clerical job or otherwise on deputation to their respective original places of posting in schools with immediate effect and complete the process in a period of one month.