The duty of every citizen to cherish and follow the noble ideals which inspired the national struggle for freedom, as enshrined in Article 51A of the Constitution of India, and the obligation of government employees to participate in national day celebrations as per the Circulars and Government Orders issued by the State Government.

Ashok Bhushan, J.

This Public Interest Litigation has been filed by the petitioner, a social worker raising concern regarding non-participation of large number of Government employees in Independence day and Republic day celebrations. The petitioner submits that the State Government having not issued any Circular making participation in above national events compulsory for Government servants, they are treating these national holidays as any other holiday. The petitioner in the writ petition prays for the following prayers:

"i. direct the 1st respondent to issue a circular/order compelling the Government servants and staff of public sector units, colleges, Universities and Local Self Government Institutions under the control of the State Government to participate in the National Holiday ceremony in the respective offices and mark attendance in the attendance register on the days of National holidays - August 15 (Independence Day) and January 26 (Republic Day);

ii. direct the 1st respondent to dispose of Exhibit P7 representation;

iii. direct the 1st respondent to file a detailed statement before this Hon'ble Court with regard to the steps taken by the Government in accordance with Exhibit P3 judgment of this Hon'ble Court and Exhibit P4 affidavit;"

2. This writ petition was heard by this Bench on 12.08.2015 on which day the following order was passed:

"This writ petition is filed as a Public Interest Litigation praying for a direction to the 1st respondent to issue Circular/Order compelling the Government servants and staff of public sector units, Colleges, Universities and Local Self Government Institutions under the control of State Government to participate in the National Holiday ceremony in the respective offices and mark attendance in the attendance register on the days of National Holidays.

2. Learned Senior Government Pleader has placed before us a Circular dated 20.07.2015 issued by the 1st respondent regarding the National Day Celebrations and Independence Day Celebrations which are to be adhered to the guidelines. Though the Circular directs holding of Independence Day Celebrations at different levels including public offices, there is no compulsion to any public servant to attend the ceremony. He submits that though in the Circular it is provided that the Heads of Department/Offices/Institutions should ensure participation of the maximum number of staff and students in this endeavour with due regard to the provisions of the Flag Code 2002. But there is no direction to attend the ceremony compulsorily. It is submitted by learned counsel for the petitioner that Government should have considered issuance of appropriate directions to assure participation of public servants.

3. It is submitted that Government of India had issued a Circular wherein it has been advised and cautioned that those who did not attend the function would be viewed seriously. But the said Circular is with regard to the flag hoisting ceremony at the Red Fort which is an important historic function. Learned Government Pleader submitted that Government had already issued a Circular regarding the same and all steps shall be taken to ensure strict compliance of the Circular by all concerned. However, the Government has to ensure whether the Government servant is attending the function at any place including their office compulsorily or not. Let appropriate affidavit be filed by the Government."

3. The writ petition was heard again on 27.10.2015 on which date the learned Senior Government Pleader, Sri. P.I. Davis submitted that the State Government has issued various Circulars from time to time and has issued various guidelines in connection with the national day celebrations. Reference has been made to the Government Order dated 08.01.2015 and another Government Order dated 20.07.2015. The State Government has come up with another Government Order dated 05.11.2015 which shall be referred to hereinafter.

4. The petitioner's case in the writ petition is