1999 Supreme(Mad) 456
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P.D. DINAKARAN
E. Chandravadanam and others
Versus
The State of Tamil Nadu rep. by the Secretary Education Department Fort St. George Chennai-9 and others
W.P. No. 6564 of 1999
Decided On : 23-04-1999
Hema Sampath, Advocate for Petitioners. Mr. T.R. Rajagopalan, Additional Advocate General Assisted by Mr. S. Manikumar, Government Pleader and Mr. P. Rathinam, Government Pleader for Respondents.
Not proper to interfere with policy decision of Government.
Headnote:Constitution of India-Judicial Reviews of Governments Policy decision-Court can only interfere if decision making authority exceeds its power or commits error of law or violates rules of natural justice-Instantly, not proper for court to interfere with policy decision of Government taken in the interest of student community, for public interest and common good.
.1. The petitioners seek a writ of mandamus to direct the respondents to appoint them as teachers in Computer Science on par with the teachers in other subjects and to extent all benefits of teachers in other subjects and to extend all benefits of teachers to share.
.2. According to the petitioners they have completed their graduation in B.Sc. (Computer Science) in March, 96, November, 94, April, 92, April, 96 and March 97 respectively and have also graduated with B.Ed. Degree in March, 97, March, 96, March, 97, April, 98 and April, 98 respectively. With the above qualifications, the petitioners have registered their names with the Employment Exchange in September, 97, May, 96, May, 98, October, 98 and October, 98 respectively, seeking appointment to the post of Teachers in Computer Science in the High Schools and Higher Secondary Schools either either run by Government or Private (aided or unaided). When, thus, they are waiting for their employment opportunities, the Government have taken a policy decision to bring out a scheme to offer computer education in about 1200 Government High Secondary Schools from the academic year 1999 - 2000. The Honble The Chief Minister, while presenting the Budget for the year 1999 - 2000, before the Legislative Assembly on 17th March, 1999 had informed on the floor of the Assembly that the Government had decided to utilise the maximum of the contemporary innovation in the information technology for economic and social development of the State and thus proposed to draw a scheme for offering computer education, based on curriculum designed by experts, as an elective subject in the 1 1th and 12th standards in all the 1200 Higher Secondary Schools in the State from the next academic year, i.e. 1999 - 2000. The above announcement of the decision of the Government have instilled some sort of confidence in the minds of the petitioners and similarly placed persons that they would get employment as Computer Teacher and the same was turned to be a lodestar for them to secure employment as Computer Teachers as they are qualified in B.Sc. Degree in Computer Science with COBOL, PASCAL, AND C Scientific Computational Methods, FORTRAN, and allied subjects and B.Ed. Degree through recognised Universities. However, they were shocked to hear the proposal of the Government inviting sealed rate contract tenders from reputed Organisation/Institutions and Computer Training Centres, individually or as consortium, for leasing out Computer Hardware and Software, other connected accessories and providing computer training service in approximately 1200 Government High Secondary Schools in Tamil nadu, divided into four regions, viz. Chennai, Trichy, Coimbatore and Madurai on condition that such institutions are also required to engaged qualified instructors of their own choice, but subject to the compliance of the prescribed qualifications recognised by the Universities. Since the contract is proposed to be for a minimum period of five years, the petitioners complain that they could not get employment opportunities in the Government Higher Secondary Schools and thus their expectorations turned to be a mirage. Hence the above writ petitions as prayed for.
.3. Mrs.Hema Sampath, learned counsel for the petitioners while explaining the struggle and plight of the petitioners in finding employment as teachers in computer science in the Government schools, has made it clear that the petitioners are neither challenging the policy of the Government nor the scheme drawn thereunder to provide computer education in the Government Higher Secondary Schools. However, she contends that the proposed scheme should also provide certain safeguards for employment opportunities for the persons like the petitioners as they have acquired the minimum required qualification as referred above: the Government having decided to spend the public fund to impart computer education in approximately 1200 Government Higher Secondary Schools,