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2009 Supreme(Ker) 474

High Court Of Kerala
THE HONOURABLE MR. JUSTICE K. BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T. RAVIKUMAR
The Executive Director, IT @ School, Project - Appellant
Versus
P.S.Saranya - Respondents
W.A.No. 1067 of 2009
Decided On : 25 June 2009

Advocates Appeared: For the Appellants :Satish Murti, Advocate. For the Respondent:R. Surendran, Advocate.

Headnote:

Kerala Education Act,1958 - Section. 10 - Whether new posts of teachers should be created to teach I.T. or existing teachers should be trained and utilised for said purpose is a policy matter for Government to decide - Petition was filed by the respondent herein, who was a student studying in the 8th standard of G.V. Higher Secondary School, Desamangalam, Thrissur, seeking a direction to the appellants not to make Information Technology a compulsory subject for the examinations in the High Schools for the year 2008 or thereafter. She also prayed that a direction may be issued to the appellants to make the said subject optional in the High School. There was a further prayer to direct the appellants to create adequate posts of teachers in High Schools and prescribe qualifications for such posts, for imparting training to the students in the subject Information Technology. Other incidental reliefs were also sought - Held, Court, which is not answerable to the legislature, though composed of very learned and erudite Judges, cannot enter the field of framing policies for the people, in view of the Constitutional limitations - Appeal is allowed - Petition is dismissed.

Judgment :-

Balakrishnan Nair, J.

The point that arises for decision in this case is whether this Court can order to scrap the existing scheme of Computer Education in schools, for the reason that, according to its perspective, the present scheme will not deliver the goods and order to frame a better scheme; and also to direct creation of sufficient teaching posts to implement the new scheme.

2. The brief facts of the case are the following:

The respondents in the writ petition are the appellants. The writ petition was filed by the respondent herein, who was a student studying in the 8th standard of G.V. Higher Secondary School, Desamangalam, Thrissur, seeking a direction to the appellants not to make information Technology a compulsory subject for the examinations in the High Schools for the year 2008 or thereafter. She also prayed that a direction may be issued to the appellants to make the said subject optional in the High School. There was a further prayer to direct the appellants to create adequate posts of teachers in High Schools and prescribe qualifications for such posts, for imparting training to the students in the subject Information Technology. Other incidental reliefs were also sought. According to the petitioner, there are no qualified teachers in the High Schools to teach the subject Information Technology. Therefore, it is absolutely necessary to create sufficient posts and prescribe qualifications for the same, so that the said subject is taught by qualified hands.

3. The 2nd appellant, Director of Public Instructions, filed a counter affidavit resisting the prayers in the writ petition. According to the 2nd appellant, the scheme of computer education in the schools, called 'I.T. @ Schools', was meant to impart computer literacy to the students. The teachers are given training in the subject by master trainers, so that they can learn and teach their subjects better. The students were also given exposure in the subject of Information Technology to enable them to learn different subjects taught in the school better, using Information Technology as a tool. It was not meant to make them computer experts, it was submitted.

4. The learned single Judge, after hearing both sides, found that the scheme 'I.T. @ School' should be revamped and updated, so as to achieve the goal of creating a new generation of thinkers, professionals, scientists, technologists, etc from among the students. After taking note of the great relevance of information Technology in the modern world, the Court found the need for creating sufficient teaching posts in the said subject. Based on the said findings, the learned Judge issued the following directions:

"15. Therefore it has become necessary to issue directions to respondents 1 & 2 to create adequate posts of qualified teachers in the Government aided High Schools in the State as well as in the Government Schools and to prescribe the qualifications for such posts for imparting education and training to the student in the subject information Technology.

16. In the result, this writ petition is disposed of with a direction to the Director of Public instructions, Thiruvananthapuram to prepare a revised project report for implementing quality education in information Technology. The D.P.I. shall submit the project report to the Secretary to Government, General Education Department for approval. The project report shall be submitted within a period of three months from today. The project report shall also contain recommendation to introduce updated computers, re-orientation of curriculum, other teaching aids and infrastructure facilities etc. The Secretary to Government, General Education Department shall also take immediate consequent actions in this regard taking note of the poor educational background of the High School students in the subject, information Technology in the aided and Government Sector.

The Secretary to Government, General Education Department shall pass appropriate orders wi



























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