CHENNAI: The Madras High Court has upheld the State Government policy of providing computer education to students in Government schools by engaging contractors who would provide and maintain computers, and appointing computer instructors on a contract basis.

Dismissing a batch of writ petitions from the association of computer science teachers in various districts, a Division Bench, headed by Justice Prafulla Kumar Misra, said: "In the absence of any statutory provision, it cannot be said that the concept of providing education by entrusting the same work to a contractor, whose main job is not only to provide the computers, hardware and software, but also to engage instructors, is violative of any statutory provision nor any constitutional provision as such."

Counsel for the petitioners submitted that the method adopted by the Government to recruit computer science instructors through tender was "abhorrent to the concept of teaching and education, and the system adopted perpetrates exploitation of teachers in the guise of engagement through contractors."

A.L. Somayaji, Additional Advocate-General, however, argued that the scheme of providing computer education through such a method was a policy decision of the Government, taking into account the various relevant circumstances which cannot be challenged in the absence of violation of any fundamental rights or in the absence of any gross arbitrariness."

Composite contract

Mr. Somayaji said since the teachers were not recruited through any regular method of recruitment and without following any policy of reservation, the question of their regularisation did not arise. "The contract was a composite contract for supplying hardware and software as well as the instructors who are required to teach the students and maintain the computers," he said.

Concurring with his submissions, the Bench said it was not in a position to declare the impugned scheme as grossly arbitrary warranting any interference, and added, "There is no dispute that the petitioners had no jural relationship as employees under the State Government and they are obviously employees under various contractors or private respondents [such as the NIIT]."

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