Madras High Court
Traffic Dr.K.R.Ramaswamy vs State Of Tamil Nadu on 20 February, 2019
Author: Subramonium Prasad
Bench: S.Manikumar, Subramonium Prasad
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.02.2019
CORAM
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
And
THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD
W.P.No.32301 of 2018
And
W.M.P.No.37541 of 2018
Traffic Dr.K.R.Ramaswamy ... Petitioner
Vs.
State of Tamil Nadu, Represented by,
1.The Chief Secretary,
Secretariat, St. Fort George,
Rajaji Salai, Chennai – 600 009.
2.The Secretary, Home Department,
Secretariat, St. Fort George,
Rajaji Salai, Chennai – 600 009.
3.The Secretary, Education Department,
Secretariat, St. Fort George,
Rajaji Salai, Chennai – 600 009.
4.The Secretary, Backward Classes Department,
Secretariat, St. Fort George,
Rajaji Salai, Chennai – 600 009.
5.Collector of Villupuram District,
Vilupuram. ... Respondents
Prayer:
Writ petition filed under Article 226 of the Constitution of India,
praying to issue Writ of Mandamus to stop distribution of those
http://www.judis.nic.in
2
substandard rejected bicycles with or without Kannadiga Logo of
Karnataka government; and to return all those substandard rejected
bicycles to the suppliers recovering cycles costs and expenditures
thereon; and to initiate disciplinary actions and penal actions against
concerned officials and also all concerned persons, whom so ever.
For Petitioner : Mr.GK.Harihara Rajan
For Respondents : Mr.V.Jayaprakash Narayanan
for R1, R2, R4, R5
Government Pleader (I/c.)
Mr.K.Karthikeyan for R3
Government Advocate
ORDER
(Order of the Court was delivered by SUBRAMONIUM PRASAD,J.) This instant public interest litigation has been filed for the following reliefs:
(a)to stop distribution of those substandard rejected bicycles with or without Kannadiga Logo of Karnataka government;
(b)to return all those substandard rejected bicycles to the suppliers recovering cycles costs and expenditures thereon; and
(c)to initiate disciplinary actions and penal actions against concerned officials and also all concerned persons, whom so ever.
2.Shorn of details the case of the petitioner in the writ petition is http://www.judis.nic.in 3 that the ruling party has distributed free cycles affixed with the emblem of the Karnataka Government in Kanadiga language to the boys and girls in Thazhuthali village in Villupuram. It is stated that cycles which were distributed in Karnataka had been returned on the ground that they are substandard and the same substandard cycles have been distributed in Tamil Nadu. The petitioner would rely on reports which stated that the cycles were so brittle that they became scrap within a few months of use. The petitioner also relies on the information received under the RTI Act. The questions raised under the RTI Act are regarding the details about the quality of the cycles supplied in Tamil Nadu and details about the Karnataka Emblem. The reply received under RTI dated 09.01.2019 would show that the cycles were tested and they were found to be confirming to the standards specified in the tender. It also states that action is being taken as to how the Emblem of Karnataka Government came to be placed on the cycles.
3.When the case came for admission herein, this Court on 18.02.2019, passed the following order:
“In reply dated 9.1.2019 to question No.4, to an application dated 11.12.2018, submitted under the Right to Information Act, 2005, details about Karnataka http://www.judis.nic.in 4 Government emblem appeared on the cycles distributed to the students of Tamil Nadu, the Public Information Officer and Special Officer (Scheme), has replied that, standards prescribed by Government of Tamil Nadu, for purchase of cycles and distribution, were ascertained.
2. Cycles were distributed to 1570 students of nine schools (695 boys and 875 girls), in Thazhudhali Higher Secondary School, out of which, in 165 cycles meant for distribution to girl students, in the basket, it was noticed that a sticker was affixed in Kannada language. Taking notice of the above, and to ascertain as to whether the standards fixed by Government of Tamil Nadu were maintained, a sample cycle distributed to each school, at random, was collected and sent to Chemcial Testing and Analytical Laboratory (CTAL) and ascertained that the cycles were in conformity with the standards fixed by the Government of Tamil Nadu.
3. Though inviting the attention of this court to the reply given to question No.6, Mr.G.K.Harihararajan, learned http://www.judis.nic.in 5 counsel for the petitioner, submitted that it should be assumed that the cycles supplied were all poor quality, rejected by Government of Karnataka, and distributed to the students in Tamil Nadu, we are not inclined to accept the said contention for the reason that, there cannot be any presumptions and assumptions in public interest litigation petitions. There should be a clear material substantiating the averments. Further, when the Public Information Officer, has given the reply for the query No.4 stating that the standards prescribed by Government of Tamil Nadu, were ascertained, reply to query No.6 is referable only to the action taken against the officers for distribution of the cycles with Karnataka emblem.
However, to satisfy ourselves as to whether the Government of Tamil Nadu have fixed any standards for supply and distribution of cycles and as to whether there was any test in Chemical Testing and Analytical Laboratory, we direct the Government Advocate, to produce the materials fixing the standards, and also the report of the laboratory dated 20.2.2019.
http://www.judis.nic.in 6 Post the matter on 20.2.2019.”
4.The State Government have filed the tender document for fixing the rate, contract for supply of girls and boys bicycles for the year 2018-19. Annexure 'C' to the tender document lays down the technical specifications for the girls bicycle and Annexure 'D' to the tender document lays down the technical specifications for the boys bicycle. The State have also filed the test reports of the sample bicycles throughout the State of Tamil Nadu. The tests were conducted by the Chemical Testing and Analytical Laboratory, Guindy, Chennai. Test reports sent to each of the District Backward Classes and Minority Welfare Officer in each district has also been placed before us. We have gone through the test reports. We find that the cycles supplied to the State of Tamil Nadu confirmed to the standards as specified in the tender.
5.The Government of Tamil Nadu in the process of implementing the Scheme to supply bicycles to the students studying in +1 Standard in Government/ Government Aided/ Partly Aided Schools, inorder to encourage Higher Secondary Education, distributes around 6,00,000 bicycles to students of all communities studying in these Schools, placed orders for the supply of bicycles. http://www.judis.nic.in 7
6.In G.O.(Ms) No.57, BC, MBC and MW Department, dated 26.09.2017 orders were issued for implementation of the said Scheme of supply of free bicycles to students studying +1 for the year 2017-
18. The Government Order could not be implemented due to the Court cases in the High Court. After the disposal of the cases, G.O.(Ms) No.31, BC, MBC and MW Department, dated 22.05.2018 was issued for implementation of the Scheme of supply of free bicycles to students studying +1 during the year 2017-18 and students studying +1 during the year 2018-19.
7.Tenders for the year 2018-19 for procurement of approximately 11,55,890 bicycles (boys – 5,06,132 and girls – 6,49,758) were issued. The District Collector, Villupuram has stated that 39,542 bicycles were delivered to various Schools in Villupuram.
8.The Government in its Status Report in paragraph no.11 have stated as under:
“11.The averments made by the
petitioner that the cycles are of
substandard quality is baseless and
malafide as the cycles supplied under the said scheme confirm to the specifications http://www.judis.nic.in 8 of the Tamil Nadu Government as per the Testing Reports of Girls and Boys Cycles by the Chemical Testing and Analytical Laboratory, Chennai – 32. Further the contention that substandard bicycles which were rejected by the State of Karnataka is being distributed to students of Tamil Nadu State is totally false as the specification of bicycles of Karnataka Government are different from this State, including the colour of the bicycle, the Karnataka State Bicycle is Maroon for girls and Blue for boys. Whereas Tamil Nadu Bi-Cycles are Metallic Olive Green” in colour. Disciplinary action had already been initiated against the concerned officials for their failure to check during fitting of Cycles in the School, based on the report of an enquiry Officer in the rank of District Revenue Officers.”
9.A perusal of the above facts would show that out of the total procurement of 11,55,890 bicycles, about 39,542 bicycles were distributed in Villupuram District and out of the 39,542 bicycles, the logo of Karnataka State was affixed only in 1,570 cycles. As stated earlier samples of cycles supplied in each of the District were sent to http://www.judis.nic.in 9 the Laboratory for testing and it was found that the cycles confirmed to the standards prescribed.
10.Keeping in mind the entire circumstances, it cannot be concluded that only those cycles which were rejected by the State of Karnataka have been supplied in Tamil Nadu. The writ petition is liable to be dismissed.
11.The writ petition is accordingly dismissed. No order as to costs. Consequently, the connected miscellaneous petition is also closed.
[S.M.K.,J.] [S.P.,J.]
20.02.2019
pri
Speaking Order/ Non Speaking Order Index: Yes / No Internet: Yes / No http://www.judis.nic.in 10 To
1.The Chief Secretary, Secretariat, St. Fort George, Rajaji Salai, Chennai – 600 009.
2.The Secretary, Home Department, Secretariat, St. Fort George, Rajaji Salai, Chennai – 600 009.
3.The Secretary, Education Department, Secretariat, St. Fort George, Rajaji Salai, Chennai – 600 009.
4.The Secretary, Backward Classes Department, Secretariat, St. Fort George, Rajaji Salai, Chennai – 600 009.
5.The Collector of Villupuram District, Vilupuram.
http://www.judis.nic.in 11 S.MANIKUMAR,J.
And SUBRAMONIUM PRASAD,J.
pri W.P.No.32301 of 2018 And W.M.P.No.37541 of 2018 20.02.2019 http://www.judis.nic.in