AI Structured Summary
Not yet generated for this judgment
Judgment
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.
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 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 Hon''ble 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 11th 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.
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, taking note of the fact that a minimum of 40 students from each school and thus
48000 students from about 1200 Government Higher secondary Schools would become eligible for employment in the software industry, also
ought to have provided safeguards to protect the employment opportunities of the petitioners in the very scheme; it is obligatory on the part of the
Government to provide certain safeguards as a social commitment; in the absence of any such safeguards to the petitioners in the scheme, the
petitioners would lose their employment opportunities in the Government Higher Secondary Schools permanently; the failure to provide such
safeguards in the scheme violates Article 21 of the Constitution of India; the proposed scheme of the Government do not fit in with the existing
rules and regulations applicable to the Government institutions; and if the contractors are permitted to impart computer education through the
instructors of their own choice, it would violate the rules of reservation as well as the directions of the Government that the posts in the Government
services, public sector undertakings and private institutions, which are getting aid and grant from the Government, should be filed up only through
employment exchange, as held by a Division Bench of this court in the State of Tamil Nadu and others v. The Tamil Nadu Recognised Private:
Schools Managers Association and others, 1995 W.L.R. 499, and therefore the failure to follow the rules of reservation and the directions of the
Government to appoint teachers in Government Schools through Employment Exchange while implementing the above scheme of the Government
renders the same arbitrary, unreasonable and violative of Arts. 14 and 16 of the Constitution. Mrs. Hema Sampath, learned counsel for the
petitioners further contends that the scheme neither disclose the names of the recognised institutions, nor prescribe the minimum standard of
qualification nor prescribe the required experience of the instructors to be engaged for teaching computer science, nor prescribe the syllabi and,
therefore, the scheme confers arbitrary, unreasonable and unguided powers on the contractors in implementing the scheme and hence attracts Art.
14 of the Constitution; in the absence of such guidelines referred to above, and the safeguards to the petitioners as complained above, the scheme
would have only the adverse effect rather than the desired results and consequently would only open the floodgates giving way for the contractors
to appoint juniors and less qualified persons as instructors while seniors and more qualified persons are waiting for their employment after
registering their names with the Employment Exchange, resulting in unequals being treated as equals in violation of Art. 14 of the Constitution of
India; and hence Mrs. Hema Sampath contends that the petitioners are entitled for the relief as prayed for in the above writ petition.
Per contra, Mr. T.R.Rajagopalan, learned Additional Advocate General, by explaining the policy of the Government and the scheme drawn to
that effect to provide computer education to the students studying in 1200 Government Higher Secondary Schools and the requirements
contemplated under the tender notification, dated 19-3-l999, invited my attention to the relevant portion of the speech of the Hon''ble the Chief-
Minister, made on the floor of Tamil Nadu Legislative Assembly, on 17-3-1999, while presenting the Budget for the year 1999-2000, which reads
as follows:
As the world of science and technology has the distinction of seeing yesterday''s innovations becoming obsolete today, this Government has
decided to utilise to the maximum the contemporary innovation in the Information Technology for the economic and social development of the
state.
Government desires that all students passing out of schools should be Computer literate. A scheme for offering Computer Science, based on
curriculam designed by experts, as an elective subject in the 11-12 standards in all the 1200 Higher Secondary Schools in the State would be
introduced in the next academic year. The courses will be conducted by reputed Computer training firms who will install the computers in the
schools. At an average rate of 40 students per school, this scheme will produce about 48000 students eligible for employment in the software
industry.
According to the learned Additional Advocate General, the Government, taking note of the developments in the field of Information Technology,
desired that all the students passing out of the Government Schools should be literate and therefore proposed to impart computer education in the
government Schools and accordingly a scheme was drawn to take steps in that direction effectively and aggresively so that a minimum of 40
students per school and thus 48000 students in 1200 Government Higher Secondary Schools for each academic year would be made eligible for
employment in the software industry from the academic year 1999-2000.
The learned Additional Advocate General contends that, apart from heavy financial burden on the exchequer, the normal process of centralised
purchase of computer hardware, software and other connected accessories and recruitment of teachers through Employment Exchange to teach
Computer Science would consume considerable time and therefore it would not be feasible to implement the policy directly by the Government
from the ensuing academy year, i.e. 1999-2000. The learned Additional Advocate General also explained in detail the cost implications involved in
implementing the scheme directly by the Government and the administrative exigency in resorting to draw the scheme to implement the above
policy by inviting tenders from reputed Organisations/Institutions/Computer Training Centers, individually or as a Consortium, for the leasing of
Computer Hardware, Software and connected accessories and providing Computer Education services in 1200 (Approx.) Government Higher
Secondary Schools in Tamil Nadu, divided into four regions, viz. Chennai, Tiruchy, Coimbatore and Madurai.
The learned Additional Advocate General also drawn my attention to the following eligibility conditions as enumerated in the tender notice,
published on 19.3.1999:
The bidders must fulfil the following preconditions and must also submit documentary evidence in support of fulfilling these conditions white
submitting the technical bid: 1. The bidder should have atleast 3 years experience in delivering Computer Education as on 31.12.98. 2. The bidder,
should have trained atleast 250 students upto 31.12.98. 3. The bidder should have a minimum of 2 training centres in the region for which he is
bidding or 10 training centres anywhere in the State of Tamil Nadu. 4. The bidder should have atleast 5 instructors under their control. 5. The
instructors should hold educational qualifications in computer science from recognised institutions. 6. The bidder should have adequate financial
resources to undertake the contract.
Learned Additional Advocate General also invited my attention to the following special terms and conditions of the tender, as provided under
the Scheme:
The rate should be a consolidated rate for 5 years contract period per school based on the payment terms specified in the tender.
The students should not be charged any fee by the contractor.
The normal school hours will be between 9.00 A.M. and 4.00 P.M. subject to any variations as may be notified from time to time.
The Government of Tamil Nadu shall enter into a secondary lease of the hardware, software and accessories at the end of the primary lease period
of 5 years. For a period of 10 years the lease payment for secondary lease shall be Rs.100 per annum per school.
ELCOT shall reserve the right to take over the Hardware, Software and other infrastructure at the training centre set up by the contractor in the
schools in case of non-compliance of any of the conditions of the contract by the Contractor during the contract period and recover costs/liabilities
arising due to such violations.
No equipment shall be removed from the school premises by the contractor without the concurrence of the School Headmaster including for the
purposes of replacement, service etc.
The Software required to teach the students both for Plus 1 and Plus 2 as well as 6th to 10th Standard shall be provided by the contractor. Any
Software needed due to revision of syllabus must be provided by the contractor at the appropriate time at no extra cost. A copy of the syllabus for
Plus 1 and Plus 2 courses is enclosed as an annexure to the tender documents for reference of the contractor.
The contractor must ensure that atleast 60% of the students pass in the subject of Computer Science in/the Plus 1 and Plus 2 public examinations.
For this purpose all the students of all the centres entrusted to the contractor shall be taken into account. If this percentage is not achieved in any
academic year then 2% of the annual payment shall be deducted in the next payment due.
The apart, learned Additional Advocate General also invited my attention to the following conditions in the form of contract to be executed by
the successful Bidders:
In case of breach of any of the conditions of the contract by contractor during the contract period the lessee reserves the right to recover
costs/liabilities arising due to such breach including the right to take over the Hardware, Software and other infrastructure at the training centre set
up by the contractor at the school premises.
The instructors appointed by the contractor should report to the Headmaster about their attendance, leave and working of the Computer Systems
and report other matters connected with the functioning of the Computer Science.
The manpower employed by the contractors will have no right in any manner to claim any benefits/rights with the lessee. The staff deployed by the
contractor in the schools shall be well behaved and compliance thereof wilt be responsibility of the contractor.
The appointed instructors shall not be changed/transferred without the knowledge of the lessee during the academic year except in circumstances
beyond the control of the contractor. Such vacancies shall be filled up immediately.
The contractor can use the centres for their own teaching/training purposes after the school hours i.e. beyond 9.00 A.M. to 4.00 P.M.
If the contractor Operates the centres beyond the school hours, a sum of Rs.1000 (Rupees One Thousand Only) per month shall be paid to the
Lessee regularly within a week before the commencement of the month in advance. This is however subject to prior written permission from the
lessee with such terms and conditions as may be imposed by him in respect of duration after/before the school hours during which the centre will
be open, closing of the centre on days such as Sports day, National holidays, etc.
The students shall not be charged any fee by the contractor.
After the pre-bid conference, certain clarifications were made by the Government on the queries raised by the bidders on 19.4.1999. The
learned Additional Advocate General brought to my notice the following relevant clarifications on the queries raised by the bidders:
The Government have already indicated in the tender document the existing 2. The new syllabus is under revision and will be implemented this
year is possible or from the next academic year (2000 to 2001) 3. The frequency of the revision of syllabus will be once in three years. 4.
Computer Education for 9th and 10th Standard is only a computer appreciation course, There is no syllabus at present and is under preparation.
This will be communicated later. However, the contractor may conduct the examination to test the proficiency so that the students will evince
interest in the programme. 5. Training to the teachers will be given with a view to enabling them to use the computer as a tool for education and be
on the same lines as given to students of 9th and 10th Standard, 6. The teacher training shall be conducted every year. 7. The expected number of
teachers to be trained is about 5 to 10 per school per annum. 8. Average number of sections in each class of 9th and 10th standard is 4/5. 9. The
rate to be quoted must be comprehensive including all the components mentioned in the teacher. 10, The prescribed textbook available for +1 and
+2 students should be used. 11. For the computer appreciation course for the 6th to 10th Standard practical training in computer should also be
given. 12. The course material for 6th to 10th Standard is not insisted. However, the contractors are free to provide them. 13. The Software
required to teach the syllabus for +1 and +2 students as well as the upgraded syllabus as and when introduced must be provided by the contractor.
For the +1 and +2 classes there will be 40 students in each class. 15. 7 periods in a week are allotted for computer science class in +1 and +2
students. This includes theory as well as practical classes. 16. For practical classes one system is to be provided. 17. The instructor will be
required to be present for the whole day in the school. 18. There must be minimum 2 instructors available for each school. 19. The teachers must
be graduates in any discipline with qualification in computer science. 20. The working hours is 9.00 A.M. to 4.00 P.M. 21. The computer centre
could be used during the school holidays including summer vacation for conducting classes for general public. The class room allocated for theory
will be available for conducting classes after school hours. 22. All the computers to be provided in the schools must be brand new.
That apart, learned Additional Advocate General also invited my attention that the bidders are also required to furnish the information relating
to details of courses conducted till 31.12.1998; details of students trained in the last three years; details of the Software being used; details of own
centres; details of franchise Centres; name of full time instructors employed in the own centres; name of full time instructors employed in franchise
centres; and qualification of the full time instructors, who possess qualification from recognised universities as well as from private institutions, in
own centres and franchise centres.
In the light of the above eligibility criteria to be fulfilled by the bidders, special terms and conditions of tender, terms of the contract and the
clarifications made by the Government on the queries raised by the bidders in the pre-bid conference held on 19.4.1999, the learned Additional
Advocate General contends that the Government, considering the administrative exigency in implementing the policy and the scheme drawn
thereunder immediately from the ensuing academic year, i.e. 1999-2000, has taken care to provide all guidelines, as mentioned above, to
implement the policy successfully to that 48000 students who are studying in 1200 Government Higher Secondary Schools would be benefited or
otherwise if the scheme is to be implemented by following the normal process of centralised purchase of Computer Hardware, Software and other
accessories and selection and recruitment of teachers through Employment Exchange as per seniority, apart from consuming more time and adding
heavy financial burden on the Government, would also render the scheme unsuccessful due to the day to day developments and advancement in
the field of Computer Science and Technology if the computer education is not imparted through the instructors who have upto date knowledge
and training in the Computer Science. The learned Additional Advocate General also contends that the mere fact that the petitioners have qualified
with B.Sc. Degree in Computer Science and. passed COBAL, PASCAL and C Scientific Computational Methods, FORTRAN and allied
subjects and also passed B.Ed. Degree and thereafter registered their names with the Employment Exchange itself would not confer any right on
them to seek a Writ of Mandamus to direct the respondents to appoint them as Teachers in Computer Science in the Government Higher
Secondary Schools as a matter of right.
Placing reliance on the decisions in Delhi Science Forum and others Vs. Union of India and another, and the Director, Lift Irrigation
Corporation Ltd. and Others Vs. Pravat Kiran Mohanty and Others, , the learned Additional Advocate General contends that policy decisions of
the Government cannot be tested in the Courts of law by way of judicial review under: Article 226 of the Constitution of India. Further placing
reliance on the decision in Tata Cellular Vs. Union of India, , learned Additional Advocate General contends that the power of judicial review
conferred under Article 226 of the Constitution of India is not meant to test the decisions, but to test the decision-making process. Therefore the
policy decision of the Government to impart computer education in Government Higher Secondary Schools and drawing a scheme to that effect to
invite sealed rate contract tenders from Organisations/Instructions/Computer Training centers for the leasing of Computer Hardware, Software and
connected accessories and providing Computer Education services to about 48000 students studying in 1200 Government Higher Secondary
Schools in Tamil Nadu from the academic year 1999-2000 cannot be challenged as the petitioners do not attribute any mala fide, illegality or
arbitrariness. Plating reliance on the decision in Sterling Computers Limited and Others Vs. M and N Publications Limited and Others, , the
learned Additional Advocate General contends that while exercising the powers of judicial review in respect of contracts entered into on behalf of
the State, the Court is concerned only with the decision-making process, but not the decision itself. Again referring to the decision in Raunaq
International Ltd. v. L.V.R. Construction Ltd., AIR 1999 S.C.W. 53, learned Additional Advocate General contends that the Court, while dealing
with a Public Interest Litigation in the matter relating to a contract, whether it is by private body or by public body or by the State, should satisfy
whether substantial amount of public interest is involved in the matter and whether there is any mala fide or illegality or arbitrariness in the
transaction entered into between the parties. Finally, relying on the decision in Jatinder Kumar and Others Vs. State of Punjab and Others, ,
learned Additional Advocate General contends that the mere fact that the petitioners have registered their names with the Employment Exchange
will not confer any right on them to seek appointment as Teachers in Government Schools and therefore neither the petitioner have any right to
seek the relief as prayed, for nor the respondents have any statutory obligation to be performed.
I have given my careful consideration to the submissions of bom sides.
It is no doubt true that the petitioners have spent their valuable time, energy and substantial money and qualified themselves with B.Sc. Degree
in Computer Science and B.Ed. Degree and also registered their names in the Employment Exchange, seeking employment as Teachers in
Computer Science in Government Schools. Indeed, the proposal of the Government to impart computer education in 1200 Government Higher
Secondary Schools in Tamil Nadu would have instilled a confidence in them to get employment as Computer Teacher in Government Higher
Secondary Schools. It is for this reason, learned counsel for the petitioners, at the threshold of her arguments, made it clear that the petitioners are
not opposing the policy or scheme of the Government. But their grievance is that the proposed scheme should also provide certain safeguard for
their legitimate expectation of employment as Computer Teachers in Government Schools.
It cannot be disputed that the competitive globalisation stands for integration of various economies, assimilation 6f various culture, redefining
the markets, products and consumer values and it is imperative that the globalisation of products and services enhances the standard of living and
quality of life of one and all. To compete with the developed countries, we are constrained to improve our talents in advanced. Science and
Technology, which is essentially measured by technical competency, quality consciousness and value based productivity. The developments
brought in Telecommunication, Information Technology and the Computer Mediated Communication thus play a pivotal role such global
competition in achieving the economic and. social development. The importance of computer education is, therefore, not a matter or concern of an
individual, but a matter, of public interest, common good and the necessity of the time.
One cannot ignore the reality that students of all classes of the state, particularly the economically backward students studying in rural and
urban Government schools, do not have the facilities to have the computer education. Even in the private schools, aided or unaided, which are
imparting computer education, the students are expected to pay additional fees. As explained in the additional counter-affidavit filed by the
respondents, even though, but of 1200 Government Higher Secondary Schools 119 Government Higher Secondary Schools have the facilities to
impart computer education, the fact remains that the necessary facility and infrastructure such as computer hardware, software and other
accessories have been provided by the Parents-Teachers Association of the respective schools and in such schools, the teachers, to teach
computer science, were originally employed on adhoc basis arid later on, their appointments were regularised on the persuasion of the Parents-
Teachers Association; and further such facilities are not up to date because of the rapid development that takes place day by day in the field of
Computer Science and Technology. Any permanent investment on the equipments, therefore, would cost substantial expenditure for the
Government. But at the same time, the emergent necessity of imparting computer education to the students studying in Government Schools, in
mofusil and rural areas, cannot either be ignored or postponed. Inadequacy in infrastructure, economic disparity within the population, denial of
adequate and equal opportunity to many people to avail computer education as well as the obligation on the part of the Government to impart
computer education even to the students studying in the Government Schools, in rural and mofusil areas, are all manners rightly weighed the minds
of the Government and consequently the Government desired that all the students passing out of the Government Schools should be computer
literate, and as a result, the Government have drawn a scheme to impart computer education by inviting sealed rate contract tenders from reputed
Organisations/Institutions/Computer Training centres, individually or as a consortium, for the leasing of Computer Hardware, Software and
connected accessories and providing Computer Education services in 1200 Government Higher Secondary Schools in Tamil Nadu from the
ensuing academic year 1999-2000, which would produce 48000 students eligible for employment in the software industry. What is more important
to be noted is that while proposing to impart computer education through 1200 Government Higher Secondary, School to enable 48000 students
eligible to get employment in software industry, the Government, under the Scheme drawn to, that effect, have decided that the students should not
be charged any fee by the contractors.
Once the computer education is felt as the necessity of the time for the economic and social, development of the State in the present global
competition and the Government have thus taken a policy decision to make all the students passing out of the Government Schools should be
computer literate and has drawn a scheme to that effect to achieve the desired results expeditiously from the ensuing academic year, i.e. 1999-
2000, it may not be proper for this Court to test the merits and demerits of such policy decision by way of judicial review under Article 226 of the
Constitution of India.
Admittedly the petitioners have not challenged neither the policy decision of the Government nor the scheme drawn thereunder; but they only
seek some safeguards to protect their employment interests while implementing the policy decision of the Government and the scheme drawn to
that effect. Before testing the rights of the petitioners to seek the relief as prayed for on the ground that in spite of their required qualification and
registration in the Employment Exchange, the scheme do not provide any safeguard to the petitioners, it is pertinent to look into the very scheme.
As referred to by the learned Additional Advocate General, the Government had set out elaborate terms and conditions while inviting sealed rate
contract tenders from reputed Organisations/Institutions and Computer Training Centres for leasing of Computer Hardware, Software and
connected accessories and providing computer education in those Higher Secondary Schools. As per the minimum eligibility criteria postulated for
such Organisations/Institutions and Computer Training Centres to participate in the bid, the bidders should have atleast three years of experience
as on 31.12.1998; should have trained atleast 250 students upto 31.12.1998; should have a minimum of two training centres in the region for
which he is bidding or ten training centres anywhere in the State of Tamil Nadu; should have atleast five instructors under their control: the
instructors should hold educational qualifications in computer science from recognised institutions; and the bidders should have adequate financial
resources to undertake the contract. That apart the bidders are also required to furnish the details of courses conducted till 31.12.1988; details of
the students trained in the last three years; details of the software being used; details of own as well as franchise centres; names of full time
instructors employed in the own and franchise centres; details of the qualification of the instructors, who possess qualification from recognised
universities as well from private institutions. Further, under the special terms and conditions of the contract, the bidders must ensure that atleast
60% of the students pass in the subject of Computer Science in the Plus 1 and Plus 2 Public Examinations and if this result is not achieved in any
academic, year, the bidders would lose 2% of the annual payment in the next payment due to them. Further, the scheme also provides that the
contractor, after paying Rs.1000 per school per month may use the centres, after school hours, for providing computer education to general public
on commercial basis.
A reading of the eligibility criteria to be fulfilled by the bidders, special terms and conditions of the tender notice, conditions of the contract and
the clarifications made by the Government on the queries raised by the bidders in the pre-bid conference make it clear that the Government,
realising the administrative exigency in implementing the policy by the normal process would consume more time for centralised purchase of
Computer Hardware, Software and connected accessories, selecting and recruiting the teaching personnel through the Employment Exchange,
have taken all reasonable care and caution in drawing the scheme as a result-oriented one. Obviously a scheme of this nature cannot be effectively
and expeditiously implemented within a short span of time if such normal procedure is adopted and the desired result of the Government cannot be
achieved through the normal process. Therefore the administrative exigency in inviting sealed fate contract tenders to achieve the object behind the
policy cannot be disputed.
As held by the Apex Court in Director, Lift Irrigation Corporation Ltd. and Others Vs. Pravat Kiran Mohanty and Others, , the policy
decision taken and the scheme drawn to that effect in view of the administrative exigency are not open for judicial review unless they are challenged
on the grounds of mala fide or arbitrariness or bereft of discernible principles. Once the Government have taken a policy decision, based on
administrative exigency, to impart computer education in 1200 Government Higher Secondary Schools with immediate effect from the ensuing
academic year 1999-2000 to facilitate the large number of students studying in 1200 Government Higher Secondary Schools, hailing from rural
and urban areas, even without charging any fees from the students, it may not be proper for this Court to interfere with such a policy decision of the
Government by way of judicial review under Article 226 of the Constitution of India in the absence of any challenge on the ground of male fide or
arbitratriness.
Even though the petitioners have prayed for a writ of mandamus as prayed on the ground that they are qualified persons to teach computer
education and also have registered their names with the Employment Exchange, it cannot be disputed, that even the process of selection or the
selection for the purpose of recruitment against the anticipated vacancies does not create any right to be appointed to the post which can be
enforced by a mandamus as held by the Apex Court in Jatinder Kumar and Others Vs. State of Punjab and Others, . Therefore, merely because
the petitioners are qualified to teach Computer Science, registered their names with the Employment Exchange and are eagerly waiting for the
employment opportunity, they cannot claim employment as a matter of right. The mere absence of any safeguard to protect their employment
interest in the scheme does not by itself confer any right on them to seek the relief as prayed for as they have no statutory right to seek
employment. Equally there is no statutory obligation for the Government to provide employment to the petitioners merely because they have
qualified in Computer Science and registered their names with the Employment Exchange.
The common good sought to be achieved by the Government under the scheme cannot be lightly disregarded. The scheme, admittedly,
intended to provide computer education for 48000 students from 1200 Government Higher Secondary Schools from the ensuring academic year,
i.e. 1999-2000. Besides, the scheme also provides for imparting computer training to the existing teachers at the rate of 5 to 10 teachers per year
in each school and in that process about 25 to 50 teachers would be benefited in each school in the next five years. That apart, the scheme would
also generate income to the Government as the contractors are permitted to use the school centre after school hours for providing computer
education to general public on commercial basis by paying a sum of Rs. 1000 per school per month for using the school building, which in turn
benefits the society at large to have accessibility to avail computer education at 1200 Government High Secondary Schools at the earliest possible.
Therefore, the policy of the Government and the scheme drawn to that effect are wedded to the social and economic commitments of the
Government to strengthen the students and general public of rural and urban areas to meet the challenges of the competitive globalisation. In my
considered opinion, the petitioners employment interest is subject to larger interests of 48000 students and the general public, who would be
benefited under the scheme every year. The scheme thus provides the greatest benefits to the greatest numbers of the Society.
Even though the petitioners heavily rely on the decision in State of Tamil Nadu and others v. The Tamil Nadu Private Schools Managers
Association and others, 1995 WLR 499, the same is not applicable to the facts and circumstances of the present case. In the said decision, a
Division Bench of this Court has held that the vacancies of the sanctioned posts in the Government Service, Public Sector undertakings, Private
Institutions, getting aid, grant and assistance from the Government, should be filled up only by recruiting the candidates sponsored by the
Employment Exchange. In the instant case, the Government have created neither any permanent post nor any sanctioned post to impart computer
education in 1200 Government Higher Secondary Schools under the impugned Scheme. Therefore, the question of filling up of the posts by
recruiting the persons sponsored by the Employment Exchange does not arise.
The contention of the petitioners that the scheme of the Government violates the reservation policy of the Government also cannot be accepted
as the rules of reservation are not applicable to the case in hand. When the Government have neither created nor sanctioned any permanent post
under the Scheme to impart Computer Science in the Government Higher Secondary Schools, the question of adhering to the rules of reservation
does not at all arise. However, in future, if the Government creates any permanent or sanctioned posts to impart Computer Science in Government
Higher Secondary School no doubt such posts shall be filled up by recruiting candidates sponsored by the Employment Exchange and by following
the rules of reservation.
I am satisfied that the desire of the Government to make all the students passing out of the Government Higher Secondary Schools should be
computer literate and the scheme drawn thereunder for offering Computer Science, based on the curriculam designed by the experts, as an elective
subject in 11-12 Standards in ail the 1200 Government Higher Secondary Schools in the State from the ensuing academic year 1999-2000 and
the consequential tender notice dated 19.3.1999 referred to above are all matters of policy decision of the Government keeping in view the
administrative exigency, public interest and the common good as a goal and therefore such policy decision of the Government and the scheme
drawn to that effect, in my considered opinion, cannot be either interfered or postponed by exercising the power of judicial review conferred under
Article 226 of the Constitution of India as has been repeatedly held by the Apex Court in Tata Cellular Vs. Union of India, ; Sterling Computers
Limited and Others Vs. M and N Publications Limited and Others, ; and Delhi Science Forum and others Vs. Union of India and another, .
It is well settled in law mat the power of judicial review is not concerned with the merits or correctness of the decision, but the manner in which
the decision is taken. As observed by Lord Keith, judicial review is a protection but not a weapon, and the Courts cannot interfere with the policy
decisions of the Government unless and otherwise it is shown that the decision-making authority had exceeded its powers or committed an error of
law or violated rules of natural justice. That apart, the impugned scheme being one in the nature of a contract to be entered into on behalf of the
Sate, it may not be proper for this Court to cross its inherent limitations and to interfere with the policy decision of the Government taken in the
interest of the student community, public interest and common good or otherwise it would amount to an encroachment on the exclusive rights of the
executive to taken such policy decisions.
While appreciating the ""golden object"" of the Government in imparting computer education to the students studying in 1200 Government
Higher Secondary Schools, which is putforth as their policy and moulded in a scheme to implement such policy through contracts with reputed
organisations/Institutions/Computer Training Centres, this Court repose its confidence in the Government, which is the custodian of the social
justice, to take care of the interests of the qualified persons like petitioners herein who are also hailing from the rural areas and to take appropriate
decisions in its wisdom to provide suitable employment to such qualified persons as the Government may deem fit.
With these observations, finding no merit in the above writ petition, I dismiss the same, however, with on order as to costs, consequently, the
connected W.M.P. No.9497 of 1999 is also dismissed.