"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," a bench of Justices Dipak Misra and C Nagappan said.
The bench rejected the plea of over 30 teachers of Telangana who wanted a stay on the "Government Order" (GO) of the state government, issued on August 30, asking them to join back their duty as teachers.
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.
The bench said "good sense has prevailed" on Telangana government and asked teachers to join their duty within three weeks.
It however noted that the teachers can be put on deputation, but it cannot be said that they can be deputed as private secretaries to MLAs and ministers as it was in violation of the Right to Education Act.