MANISH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the petitioner in person, standing counsel for the Union of India and Mr. C.S. Vadiayanathan, Senior Counsel appearing on behalf of respondent No. 6.

(2.) THE petitioner has filed this Public Interest Litigation praying for the issue of the writ of mandamus directing the Union of India, the State of Jharkhand and their respective Secretaries, Information and Technology, to encourage utilisation of Open Source Software in the ongoing computerisation of records by various departments of the Union Government as well as the State Governments and to promote the use of Open Source Software by investing resources, financial as well as man power, instead of Proprietary Software, and also for a direction to the respondents to establish Research Centers, Training Centers and to use the existing infrastructure for development of Open Source Software, instead of Proprietary Software and for other appropriate reliefs. The petitioner has also impleaded two companies as respondents.

(3.) IT is pointed out by the standing counsel for the Union of India that the petitioner is not at all aware of the various developments in the field of computerisation and about the steps taken in that behalf by the Union of India and that no foundation has been laid for approaching this Court for the issue of a writ of mandamus. Senior counsel appearing for respondent No. 6 pointed out that on the facts and in the circumstances of the case, the petitioner is not entitled to any relief. He also submits that the problem is totally technical in nature, which cannot be decided on the pleading now put forward. Details of expenditure involved are also not available. The pleadings would not enable the Court to take a decision on such a technical matter as has been raised.