E CHANDRAVADANAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(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 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 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.) 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: