Scope for judicial review is limited in policy decisions by Government.

(Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus as stated therein.)

P. Sathasivam, J.

One Selvaraj, a Post Graduate in Computer Science, has filed this petition as Public Interest Litigation, seeking to quash the tender issued by the General Manager, Electronic Corporation of Tamil Nadu Limited (ELCOT), Chennai 600 035, 4th respondent herein in Tender No.GM (PID) CEP-V/HSS/01/2006 dated 30th January, 2006 and direct Government of Tamil Nadu, Director of School Education, respondents 1 and 2 herein to direct the third respondent, the Director of Teacher Recruitment Board, Chennai 600 006, to recruit the post of Junior Post Graduate Assistant Grade I in Computer Science in various School at Tamil Nadu through the Teacher Recruitment Board.

2. The case of the petitioner is briefly stated hereunder:

(a) According to the petitioner, he finished his B.Sc.[Computer Science] in Bharathidasan University, Tiruchirappalli in the year 1997. In 2001, he passed M.Sc. [Computer Science] in the same University in First Class. He also completed B.Ed. in Madras University and also M.Ed., degree in the same University in the year 2004 in First Class.

Like him, thousands of students have completed their Bachelor and Master degrees in Computer Science and also in Bachelor of Education and Master of Education (B.Ed. and M.Ed.) courses. The computer course was introduced in the Schools through Education Department in the year 1985. Till date, Computer Science teachers were not recruited in Government Higher Secondary Schools. They were appointed on the basis of consolidated pay. From 2001, the Computer Science Department has been handed over to private contractors through Electronic Corporation of Tamil Nadu Limited, Chennai 600 035 (ELCOT).

(b) The Teachers in Higher Secondary Schools for all the subjects, viz., Junior Post Graduate Assistants/Junior Physical Education Directors Grade-I were recruited on the basis of direct recruitment. For that, Candidates should possess M.A./M.Sc.,/M.Com in the concerned subjects with B.Ed. degree. Candidates must have studied more subjects in Bachelor degree and Master degree both for academic subjects and languages for Junior Physical Education, Director Grade-I. For the Computer Science course, the post of Junior Post Graduate Assistants with consolidated pay of Rs.4,500/per month are not recruited by the Government and for all other subjects, the post of Junior Post Graduate Assistants with consolidated pay of Rs.4,500/per month are recruited through the Teacher Recruitment Board. This practice is in violation of the rights to employment of thousands of Computer Science graduates.

(c) This year, a tender is called for recruitment of teachers in Computer Science in 1,687 Government Higher Secondary Schools covering 30 Districts in Tamil Nadu on lease-cum-service basis through ELCOT in Tender No.GM (PID) CEP-V/HSS/01/2006 and the tenders should be submitted on or before 03.03.2006 to the 4th respondent and the tenders would be opened at 3.15 p.m. on the same day. Challenging the same, the writ petition has been filed.

3. On behalf of respondents 1 and 2, Deputy Secretary to Government, School Education Department, Secretariat, Chennai 6900 009, has filed a counter affidavit disputing various averments made in the affidavit filed in support of the above petition. It is stated that the writ petition is not maintainable since the petitioner has no locus standi to question the mode of recruitment of teachers by the respondents. The 4th respondent Corporation is fully owned by the State of Tamil Nadu and it is an Undertaking of the State with rich experience in the filed of computers and hence, the State has entrusted the process of calling for tenders and recruitment of Instructors in various Government Schools through the successful contractors.

4. The subject of Computer Education was introduced in Government Schools during the a