Food Corporation Of India & Ors vs Bhanu Lodh & Ors on 24 February, 2005
37. It is pertinent to note that special subjects are subjects pertaining to extra curricular activities. Teachers teaching extra curricular activities must have a certain limit because, there are other more important subjects which are to be taught to the students. How many teachers are required to be appointed to teach different subjects is a matter of discretion of the appointing authority. Of course, if the authority is acting in an arbitrary manner, the Court can examine the decision. In the instant case, it is not shown as to how the decisions taken by the District Education Committee are improper, illegal or devoid of merits. We are sure that the government must have provided some guideline to the Education Committees or there must be some common principle on basis of which the committees would be ascertaining requirement of such special subject teachers. If the committees headed by responsible government Officers and consisting of some local representatives of people determine the actual requirement of teachers correctly, in our opinion, there is no reason for this Court to interfere with the decision of the committee. Looking to the law laid down by the Hon'ble Supreme Court in the case of Food Corporation of India v. Banu Lodh (supra), it is always for the appointing authority to decide whether all the posts should be filled up or kept vacant.