Dismissed

R.Annal v. State of Tamil nadu

Madras HC15 Apr 2019WP/9314/2019

Case brief

AI extract

What is this about?

A teacher challenged a Government Order implementing a biometric attendance system, citing privacy rights and the Supreme Court's Aadhaar judgment. The court dismissed the petition, holding that public servants must abide by government service rules, and directed the government to implement the system and amend promotional rules.

What did the court decide?

Petition rejected; Respondents directed to implement Aadhar Biometric Attendance System and amend promotional rules for teachers.

R.Annal Vs State of Tamil nadu — Service and Employment | Madras HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :15.04.2019

¶2

CORAM

¶3

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.9314 of 2019

¶4

and W.M.P.Nos.9863 & 9866 of 2019

¶5

Mrs.R.Annal .. Petitioner

¶6

¶7

1.The State of Tamil Nadu,

¶8

Rep.by its Principal Secretary to Government Education Department, Fort St.George

¶9

Chennai – 600 009

¶10

2.Director of School Education, Represented by Joint Director(Technical Education) Chennai – 600 006

¶11

3.Chief Educational Officer

¶12

Kanyakumari District.

¶13

4.District Educational officer, Kanyakumari District. .. Respondents

¶14

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 1^st Respondent contained in impugned G.O.(Standing) No.225 dated 25.10.2018, and all consequential proceedings thereto, and to quash the same as arbitrary, unjust and illegal and to consequently forbear the Respondents, their officers, subordinates, employees or agents or any other person claiming or acting under them from in any manner implementing the Aadhar Enabled Biometric Attendance System for teaching and non-teaching employees working in Government or Government aided High School or Higher Secondary Schools in the State of Tamil Nadu.

¶15

For Petitioner : Mr.Arun Karthik Mohan For Respondent : Mr.A.Rajaperumal Additional Government Pleader

¶16

Implementation of Aadhar Enabled Biometric Attendance System for Teaching and Non-Teaching Staff employed in Government and Government Aided High Schools or Higher Secondary Schools across the State of Tamil Nadu in G.O.Ms.No.225, School Education

¶17

https://hcservices.ecourts.gov.in/hcservices/

¶18

Department, dated 25.10.2018 is under challenge in the present writ petition.

¶19

2.The writ petitioner is employed as a Teacher in Government High School, Vembanoor, Nagercoil, Kanyakumari District.

¶20

3.The contention of the writ petitioner is that she has not enrolled herself under the Aadhaar(Targeted Delivery of Financial and Other Subsidies, benefits and Services) [hereinafter referred to as “the Aadhaar Act”]. Thus, the petitioner is not possessing an Aadhaar Card or Aadhaar Number. The petitioner has not enrolled her identification under the Aadhaar Act as the same is not mandatory. The belief of the writ petitioner is that in the event of enrolling her details under the Aadhaar Act, the same will cause infringement of her Fundamental Rights guaranteed under Part III of the Constitution of India.

¶21

4.The learned counsel appearing on behalf of the writ petitioner relied upon the judgment of the Hon'ble Supreme Court of India in Justice K.S.Puttaswamy(Retired Hon'ble Judge) and Another Vs. Union of India and Ors, reported in (2019) 1 SCC 1. [hereinafter referred to as “Justice K.S.Puttaswamy case”]

¶22

5.Citing Section 7 of the Aadhaar Act, it is contended that the Aadhaar Act limits the purposes for which authentication though Aadhaar Number can be used, Aadhaar Number can be used for the purposes of establishing the identity of an individual as a condition for receipt of a subsidy, benefit or service, where the expenditure is incurred from, or the receipt is a part of the Consolidated Fund of India. Thus, the imposition of Aadhaar based authentication for any purpose other than those mentioned in Section 7 of the Aadhaar Act would clearly bereft of basic jurisdictional authority.

¶23

6.At the outset, it is contended that the policy of the Government in introducing Aadhar Enabled Biometric Attendance System for attendance of Teaching and Non-Teaching staff in Government Schools are not in consonance with Section 7 of the Aadhaar Act. This apart, the mandatory implementation of Aadhar Enabled Biometric Attendance System directly contravenes the recent decision of the Hon'ble Supreme Court of India in “Justice K.S.Puttaswamy case”.

¶24

7.The learned counsel for the writ petitioner states that the Aadhaar Based Biometric System contravenes Article 21 of the Constitution of India, not only infringing the right of Privacy, but also, the Right to dignity, autonomy and free choice.

¶25

8.The learned counsel for the writ petitioner relied the

¶26

https://hcservices.ecourts.gov.in/hcservices/

¶27

following portion of the judgment in the case of Justice K.S.Puttaswamy (cited supra) and the same are extracted hereunder:-

¶28

“As far as subsidies, services and benefits are concerned, their scope is not to be unduly expanded thereby widening the net of Aadhaar, where it is not permitted otherwise. In this respect, it is held as under:

¶29

(i)”Benefits” and “services” as mentioned in Section 7 should be those which have the colour of some kind of subsidies, etc., namely, welfare schemes of the Government whereby Government is doling out such benefits which are targeted at a particular deprived class.

¶30

(ii) It would cover only those “benefits”, etc. the expenditure thereof has to be drawn from the Consolidated Fund of India.

¶31

(iii) On that basis, CBSE, NEET, JEE, UGC, etc. cannot make the requirement of Aadhaar mandatory as they are outside the purview of Section 7 and are not backed by any law.”

¶32

9.In view of the above judgment, the Aadhar Enabled Biometric Attendance System is entirely outside the scope for which Aadhaar based authentication may be used and consequently, the impugned Government Order is arbitrary, illegal, and ultra vires to the Aadhaar Act and liable to be scrapped.

¶33

10.The learned counsel for the respondent contended that the very same G.O.Ms.No.225, School Education Department dated 25.10.2018 was challenged by Sri Thirupathy Venkatachalapathy Educational Trust, in W.P.No.5569 of 2019 and the Hon'ble Division Bench of this Court passed an order on 27.02.2019, upholding the validity of the very same G.O.Ms.No.225 dated 25.10.2018. Thus, the present writ petition is liable to be rejected. The above said writ petition was filed before the Hon'ble Division Bench as Public Interest Litigation. The Hon'ble Division Bench observed that the Government, after careful consideration of the proposals of the Director of School Education, to ensure attendance of Teachers and Students in Schools, both Government and Government aided, estimated the expenditure as Rs.15,30,16,944/- and accordingly, granted administrative sanction. It is further observed that the decision of the Government to ensure attendance and incurring huge expenditure cannot at any stretch of imagination be said to be against public interest. The writ petition was dismissed with costs.

¶34

11.In the present writ petition, the writ petitioner is a Teacher, working in Government School, Vembanoor, Nagercoil,

¶35

https://hcservices.ecourts.gov.in/hcservices/

¶36

filed the present writ petition, stating that the Aadhar Enabled Biometric Attendance System is violating her Fundamental Rights ensured under the Constitution.

¶37

12.Considering the arguments as advanced, the Hon'ble Supreme Court of India in “Justice K.S.Puttaswamy case”(cited supra) mainly dealt with the provisions of the Aadhaar Act with reference to the rights of the citizen in general under the Constitution. Thus, the adjudication made before the Hon'ble Supreme Court of India with regard to the interpretation of the subsidies, services and benefits under Section 7 of the Aadhaar Act need not be directly applied in this writ petition as the present writ petition is filed by a public servant, who is governed by the Tamil Nadu Government Servants Service Rules, including Fundamental Rules, Service conditions Act and Conduct Rules.

¶38

13.As far as the Government servants are concerned, the Government of Tamil Nadu, being an employer is empowered to introduce the policies or schemes in order to develop the efficiency in public administration. The individual particulars of the public servants are certainly required as far as the Government servants are concerned. The Government servants are performing the public duties and responsibilities and they are the representatives of the Government. Thus, collecting the individual particulars and identification as far as the Government servants are concerned, cannot be construed as violation of the Fundamental Rights ensured under the Constitution of India.

¶39

14.Fundamental Rights ensured under Part III of the Constitution is subject to certain reasonable restrictions. No Fundamental Right under the Constitution is absolute. The State can impose certain reasonable restrictions in order to protect the rights of all other citizen. It is not as if, that every citizen can exercise the Fundamental Rights on their own ideologies. The exercise of Fundamental Rights by a citizen is always subject to the restrictions to be imposed by the State with reference to the corresponding duties towards the other fellow citizen.

¶40

15.In this context, the “State” is bound to impose the restrictions on the Fundamental Rights. Rights and duties are corresponding terms. Whenever a citizen exercise his/her Fundamental Rights or Statutory right, it is to be borne in mind that he / she should exercise the Fundamental Rights subject to the duties towards the other fellow citizen.

¶41

16.The concept of public employment in the Government is of contractual in nature. The Public servants while accepting the

¶42

https://hcservices.ecourts.gov.in/hcservices/

¶43

offer of appointment, made a declaration that they will abide by the Service Rules and other conditions imposed by the Government of Tamil Nadu for the betterment of the Administration.

¶44

17.Undoubtedly, the Right to Privacy is to be protected. However, such right is subject to the performance of duties and responsibilities towards the public by a public servant.

¶45

18.The details of the public servants are very much recorded in Service Registers also. The identifications are also available. In order to ensure better system to secure prompt attendance of these Teachers and Non Teaching staffs in Government Schools, the Government thought that Aadhar Enabled Biometric Attendance System will be of greater support to monitor any indiscipline or otherwise, if any by the Teachers and non-teaching staff working in Government Schools. In a growing indiscipline amongst the public servants, it necessitated the State Government to introduce such technology for the purpose of improving the efficiency level in the public administration. The Aadhar Enabled Biometric Attendance System is systematically being implemented by the Government of India and by the Hon'ble High Courts and by other public institutions across the country. When the Government thought fit to introduce such an advanced system for the purpose of ensuring the Full proof attendance system in public services, the same cannot be objected by none other than a Teacher working in a School, who is expected to be a Role Model for the young children. Probably, the petitioner would have thought that the Right to Privacy will provide her a benefit of avoiding the Aadhar Enabled Biometric Attendance System. The Right to Privacy is to be protected and such a Right to Privacy cannot be extended, so as to curtail the Government from introducing Aadhar Enabled Biometric Attendance System in Government Schools, which would provide a better administration as far as the Education Department is concerned.

¶46

19.The Government is forced to implement such Aadhar Enabled Biometric Attendance System in view of the frequent complaints in the public domain that the Teachers in Government Schools are not attending the School in time and leaving the School before the School hours and these Teachers are involving in various other activities unconnected with their Teaching Profession even in the Schools. In a growing complaints among in the public domain, the Government thought fit to introduce Full Proof Attendance System to ensure proper attendance of these Teachers and Non-Teaching Staff in Government Schools.

¶47

20.Any better system by adopting the best technology, cannot be objected by a person, who is none other than the Teacher working in the School. If at all, the Teacher is not possessing the Aadhaar Number, then it is for her to register her name and

¶48

https://hcservices.ecourts.gov.in/hcservices/

¶49

get an Aadhaar Number and accordingly, attend the School through Aadhar Enabled Biometric Attendance System. Contrarily, the writ petitioner cannot say that she cannot be compelled to get an Aadhaar Number for the purpose of attending the School. The choice is of the writ petitioner. If the writ petitioner is willing to continue as a public servant, then she is bound to abide by the Service Conditions. If she is not willing to undergo such system, which all are introduced by the Government in the public interest, then the petitioner has to take a decision, whether to continue in service or to leave the service. However, the petitioner cannot object such a system introduced for the improvements of the School Administration.

¶50

21.The introduction of such system are done in a public interest and to improve the efficiency level of the public administration. This being the policy decision taken by the Government, the writ petitioner cannot question the same and it is for her to take a decision either to continue her services or to leave the job. Contrarily, the petitioner cannot question the very policy of the Government, which is introduced in the public interest to improve the public administration, more specifically, in Government Schools.

¶51

22.Large Number of allegations are now in the public domain in respect of the Conduct, Efficiency Level, Negligence and dereliction of duty on the part of the Teachers in the Government Schools across the State. For Example, in the State of Tamil Nadu, large number of Private Schools are also functioning. The Private Schools administered by various managements are highly successful, despite the fact that the Teachers serving in such Private Schools are receiving far below salary than that of the salary being paid to the Government Teachers in Government Schools. By paying a meagre salary to these Teachers, the Private Educational Institutions are running successfully and running the Top Ranking Educational Institutions across the State. The people of this Country should think about the situation. This causes heart burning issues amongst the tax-payers, when the Teachers are paying highly decent salary from the tax-payers money, and the working hours for these Teaches are very much limited and holidays for Government Schools are exorbitantly high. Even then, they are not showing any better result by imparting best education to the Poor and middle class people, who all are mostly studying in Government Schools. These Teachers are failing in their duty towards the public at large. They have failed to exercise their duties enunciated under Article 51-A of the Constitution of India. These Teachers, who all are having duties towards the society at large, more specifically, for the development of our Nation by imparting best Education to the young minds have miserably failed to perform their duties. The excellence in

¶52

https://hcservices.ecourts.gov.in/hcservices/

¶53

education is expected to be achieved only on the performance of the Teachers in imparting education to the children in the Government schools. The Government Schools are capable of being elevated as high ranking institutions. However, this can be achieved if the teachers and the authorities of the Education Department have taken a oath. However, these Teachers and Administration is not at all interested. They are very much interested in their personal gains than thinking about the development of our great Nation. These Teachers are selfconcentrated and not interested in imparting best Education to the children. Though these Teachers are highly qualified and capable of teaching, they are neglecting their duties by committing misconduct of dereliction of duty.

¶54

23.The Private Schools across the State are very much successful. The Teachers, who all are working in such Private Schools are paid meagre salary. It is most unfortunate to record that even the children of the Teachers working in Government Schools are studying in Private Institutions. Thus, it is selfevident that the Teachers and authorities of the Education Department themselves are not having respect towards the Government Schools across the State. Of course, the Parents are always interested in providing quality education to their children in a best institution. When the standard of the Government Schools are not improved by providing a better Teaching system and Education, this Court is of the considered opinion that the Teachers as well as the authorities of the Education Department are failing in their Constitutional duty to contribute their knowledge and hard work for the development of our great Nation.

¶55

24.Infrastructure facilities are provided in Government Schools. The Government is spending huge amount of money for the development of these Government Schools. However, the Teaches are not performing up to the expected level, so as to uplift the poor and middle class students, who all are studying in Government Schools.

¶56

25.The growing indiscipline as well as the negligence on the part of the Teachers and Non-Teaching staff are not properly dealt with by the competent Educational authorities. If at all, the authorities are interested in bringing such discipline in the Government Schools, this Court is of the considered opinion that the Department competent authorities must at first instance, is expected to maintain the same, then only, they will get a moral courage to initiate action against all the Teachers and Non-Teaching staffs working in Government Schools. However, it is duty mandatory on the part of the authorities of the Education Department to ensure that the Teachers are properly attending the School, taking classes and their performance in

¶57

https://hcservices.ecourts.gov.in/hcservices/

¶58

the class rooms are all to be assessed periodically and suitably by the competent authorities. Rules require a change in this regard. The assessment of performance and merit in teaching capacity and work performances must be the criteria for granting further promotions and further service prospects. Suitable amendments in Rules are required in this regard, especially in respect of the Teachers working in Government Schools. The Teaching performance, Regular Attendance, the talent in Teaching and the merit level are all to be assessed and based on such assessment, the promotions and other prospects are to be provided. It must be merit cum seniority and it should never be seniority alone. Unless such drastic measures are taken by the respondent Government, it may not be possible to provide better Education to the children, studying in Government Schools by improving standards in the Government Schools.

¶59

26.It is more unfortunate to record that the people in general are not having any respect or trust on the Government Schools. The Parents are not interested in sending their children to Government Schools. The reasons are to be certainly looked into by the Government and appropriate measures are to be taken. When the Government is spending huge amount for the development of the Government Schools, and if such an opinion is allowed to continue against Government Schools, then the “State” also failing in its duty to implement the Constitutional perspectives.

¶60

27.An orderly better society can be created only by imparting best Education to the Children. Education at the School level are of paramount importance for the purpose of moulding the character of the young children of this great Nation. Thus, School Education plays a vital role in the life of a person. Under these circumstances, more concentration in School Children by the “State” is certainly imminent. Only by providing better education and by prescribing a syllabus in such a manner, so as to improve the morale of the citizen, the “State” has to thrive hard to achieve a crime less society in future. Thus, it is not a mere education, the Education must be coupled with the character moulding and the syllabus and the curriculum for such ideas are important, while introducing the policy of Education in Government Schools and other Schools.

¶61

28.It is relevant to note that even the higher officials of the Education Department to be scanned frequently by the Vigilance and Anti-Corruption Departments. There is a growing trend of corruption amongst the higher authorities in Education Department. Thus, the Vigilance and Anti-Corruption Department must conduct investigations against the authorities of the Education Department in the event of any inputs or otherwise.

¶62

https://hcservices.ecourts.gov.in/hcservices/

¶63

29.Though the present writ petition is filed, questioning the Aadhar Enabled Biometric Attendance System, this Court is bound to discuss all the issues connected with such discipline, in view of the fact that imparting quality education to the children of our great Nation, is the future of our Nation. Imparting best education is the ambition of our Constitution. Unless the Constitutional Courts show some sensitiveness in such matters, the Courts are failing in its duty to thrive hard to achieve the Constitutional goals.

¶64

30.There may be an opinion that the Court is little bit deviating the issues raised in the writ petition with reference to the prayer sought for by the writ petitioner. Such observations and moulding the relief are essential as the Constitutional Courts are the custodians of the Constitution and whenever it is brought to the notice of this Court that certain illegality or irregularity, Courts must not shut its eyes in respect of such illegalities or unconstitutionalities or the schemes in relation to the development of our great Nation.

¶65

31.Judges are not Goldsmiths. Goldsmiths can create ornaments as per the orders placed by their customers. Judges are bound to look in and around the society and in the event of noticing the unconstitutionality or illegality or paralyzation of developmental activities, then duty mandates on the Constitutional Courts to initiate appropriate action for the purpose of eradicating or to declare such activities as unconstitutional. Thus, it is not as if, the Constitutional Courts while exercising the powers under Article 226 of the Constitution of India must decide only the relief and the pleadings. This writ proceedings cannot be equated with Civil Suits under the Code of Civil Procedure. The High Court is exercising its plenary jurisdiction.

¶66

32.The faith of the people is the bedrock on which the edifice of judicial review and efficacy of the adjudication are founded. Erosion of credibility of the judiciary, in the public mind, for whatever reasons, is greatest threat to the independence of the judiciary. We live in an age of accountability. What is required of Judges is changing.

¶67

33.Judgments of the courts are widely discussed, debated and even criticised. In this age of technology, open society and liberal democracy coupled with varied nature of cases raising complex issues which are decided by the courts, including “hard cases” any outcome whereof may be susceptible to criticism, as both views may appear to be equally strong. In that sense, judiciary walks the tightrope of independence. It has also become a regular feature that even laymen, who are constitutionally illiterate, enter such debate and evaluate the

¶68

https://hcservices.ecourts.gov.in/hcservices/

¶69

outcomes influenced by their emotions, rather than on legal or constitutional principles.

¶70

34.In the case of N.K.T. National Girls Higher Secondary School School, Vs. The Government of Tamil Nadu, reported in 1999 1 MLJ 11, the Hon'ble Single Judge of the Madras High Court, held as follows:-

¶71

“26. In Union of India and Ors. v. R. Reddappa and Anr. (in para 5), their Lordships have said thus: ...the jurisdiction exercised by the High Court under Article 226 or the tribunal is not as wide as it is in appeal or revision but once the court is satisfied of injustice or arbitrariness, then the restriction^ self-imposed or statutory, stands removed, and no rule or technicality on exercise of power, can stand in the way of rendering justice....

¶72

In the book 'writ remedies' by JusticeBhagabati Prosad Banerjee - 2nd Edition (1998), at page 15, the learned Author has said thus, regarding the scope of Article 226:

¶73

To do complete justice: High Court, being a Court of Plenary jurisdiction, has inherent power to do 'complete justice' between the parties similar to Supreme Court's power under Article 142. The mere fact that there is no provision parallel to Article 142 relating to the High Court, can be no ground to think that they have not to do complete justice and if moulding of relief would do complete justice between the parties, the same cannot be ordered. Absence of provision like Article 142 is not material. High Courts too can exercise power of review which inheres in every court of plenary jurisdiction. The power to do complete justice also inheres in every court, not to speak of a court of plenary jurisdiction like the High Court. Of course, this power is not as wide as which the Supreme Court has under Article 142....

¶74

Why I am stressing on power under Article 226 of the Constitution of India is that once the petitioner has come to this Court with a grievance, and if the same is found to be genuine one, and if it is further found that an injustice has been caused by intervention of a third party who has no right over the institution, this Court cannot close its eyes and say that in view of the technical arguments put forward by the 10th respondent, petitioner is not entitled to any remedy. Technicalities will have to yield when it is ultimately found that interest of justice has suffered, especially when a manifest injustice is apparent. We must also understand that this Court is concerned about

¶75

https://hcservices.ecourts.gov.in/hcservices/

¶76

an educational institution where the atmosphere should be peaceful. If a third party interferes in the management of the educational institution without any right and consequently the teaching staff are transferred or removed from service, persons who are really affected are the students for no fault of theirs. It is the institution that fails, and consequently the entire society is affected. This Court is well aware that even though it has got extraordinary or unlimited powers, it should be exercised with great limitations. But that is a self-imposed restriction. But once the injustice is patent and it is likely to affect the society at large, that will be a circumstance to exercise the extraordinary powers and see that justice is restored.

¶77

35.In the case of B.C.Chaturvedi Vs. Union of India and others, reported in 1995 SCC (6) 749, the Hon'ble Mr.Justice. Hansaria B.L.(J) made an observation as follows:-

¶78

“6. I had expressed my unhappiness qua the first facet of the case, as Chief Justice of the Orissa High Court in paras 20 and 21 of Krishna Chandra v. Union of India, AIR 1992 Orissa 261 (FB), by asking why the power of doing complete justice has been denied to the High Courts ? I feel happy that I have been able to state, as a Judge of the Apex Court, that the High Courts too are to do complete justice. This is also the result of what has been held in the leading judgment.”

¶79

36.In the case of Dwarka Nath Vs. Income-Tax Officer, reported in AIR 1966 SC 81, His Lordship, the Hon'ble Mr.Justice. Subba Rao, J., speaking for a Three Judges Bench of the Hon'ble Supreme Court of India observed in paragraph 6, as follows:-

¶80

“High Courts can also issue directions, orders or writs other than the prerogative writs. It enables the High Courts to mould the reliefs to meet the peculiar and complicated requirements of this country”.

¶81

Their Lordship in conclusion terms said that the High Court can mould the reliefs to meet the peculiar and complicated requirements of this Country. Thus, the Hon'ble High Court cannot be a silent spectator in respect of certain developments made in a writ proceedings and the allegations and the facts placed in a writ petition.

¶82

37.In the case of B.P.Achala Anand Vs. S.Appi Reddy & Another, in Appeal (Civil) No.4250 of 2000 dated 11.02.2005, the Hon'ble Chief Justice. C.Lahoti, CJI, (as then he was), held as follows:-

¶83

https://hcservices.ecourts.gov.in/hcservices/

¶84

resolution is an opportunity for innovation. Law, as administered by Courts, transforms into justice. "The definition of justice mentioned in Justinian's Corpus Juris Civilis (adopted from the Roman jurist Ulpian) states 'Justice is constant and perpetual will to render to everyone that to which he is entitled.' Similarly, Cicero described justice as 'the disposition of the human mind to render everyone his due'." The law does not remain static. It does not operate in a vacuum. As social norms and values change, laws too have to be re-interpreted, and recast. Law is really a dynamic instrument fashioned by society for the purposes of achieving harmonious adjustment, human relations by elimination of social tensions and conflicts. Lord Denning once said: "Law does not standstill; it moves continuously. Once this is recognized, then the task of a judge is put on a higher plain. He must consciously seek to mould the law so as to serve the needs of the time."

¶85

38.The lis on hand, the relief is to quash the Government order introducing the Aadhar Enabled Biometric Attendance System for Teaching and Non Teaching Staff in Government Schools. If a Teacher has chosen to challenge the full proof attendance system introduced by the Government, how one can expect from a Teacher that they will teach discipline to their own students. The larger question, which arises in the mind of the Court is that the growing indiscipline in Government Schools and Educational institutions across the State. Stringent measures to maintain discipline is highly essential in view of the growing indiscipline brought to the notice in public domain. Thus, the Constitutional Courts are duty bound to issue certain directions to the Government to regulate the discipline and decorum in the Government Schools and Educational institutions, so as to ensure the Constitutional perspectives and the Philosophies are reached out. This prompted this Court to adjudicate all these aspects, which all are interconnected with the discipline and decorum in the Educational institutions. Thus, it is very much relevant to state that when the tax-payers money are being paid by way of salary to these Teachers, they are bound to be regulated by the State and their discipline and activities are also to be monitored with reference to the Service Conditions, Conduct Rules and other statutes. The writ petitioner cannot go and say that she has got a Fundamental Right in respect of disclosing her personal identity. If so, the only option could be to get relieved from the service. In the event of willingness to continue in public service, they are bound by the Service Rules and the policies introduced by the Government for the improvisation of the Scheme of Education as well as the discipline and decorum in Government Schools and Educational

¶86

https://hcservices.ecourts.gov.in/hcservices/

¶87

institutions.

¶88

39.In view of the above discussions, this Court is inclined to pass the following orders:-

¶89

(1) The relief as such sought for in the present writ petition stands rejected.

¶90

(2) The respondents 1 and 2 are directed to implement the Aadhar Enabled Biometric Attendance System in all the Government Schools and Government Aided institutions as per the Government policy and as expeditiously as possible, so as to ensure proper attendance to the Teaching and Non-Teaching Staff working in all educational institutions.

¶91

(3) The respondents 1 and 2 are directed to consider amending of promotional rules, so as to provide merit-cum-seniority assessment system for promotion to the Teachers working in Government and aided educational institutions, so as to improve the efficiency level in academic side and administratively.

¶92

(4) The respondents 1 and 2 are directed to verify the details of the movables and immovable properties of the Teaching and Non-Teaching staff working in Government Schools and Government Aided Schools with reference to the declaration made by these employees in Service Records and if any discrepancies are identified, suitable actions are to be taken, if necessary, through the Department of Vigilance and Anti-Corruption and under Discipline and Appeal Rules.

¶93

40.With the above directions, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

¶94

Sd/-

¶95

Assistant Registrar(Insp.Cell)

¶96

//True Copy//

¶97

Sub Assistant Registrar

¶98

¶99