The Madras High Court disposed of a Public Interest Litigation (PIL) filed seeking quashing of the two G.O.Home (Police XVIII) Department and seeking direction to the respondents to frame service rules in respect of the posts created by the State of Tamil Nadu (1st respondent) by fixing the qualification in tune with the requirements of the Information Technology Act 2000 qualifications in the Degree/PG Degree in the Computer Science, namely MCA/MSC Computer Science/BE Computer Science.
The counsel for the petitioner submits that the qualification for appointment in the Computer Forensic Division/Unit is prescribed as M.Sc. Degree in Physics/Computer Science/ Chemistry and in the Note it says that the individual who possesses M.Sc. Degree in Computer Science must have acquired a basic degree in Physics or Chemistry as major subject.
Further, the individual who possesses M.Sc. Degree in Physics or Chemistry or Forensic Science with a basic degree in Physics or Chemistry as major subject must have acquired a Diploma or Post-graduate Diploma in Computer Application or any subject related to Computer Science for appointment in Computer Forensic Science Division/Unit.
The appointment is for the Computer Forensic Science Division and, hence, the basic degree should be in Computer Science. The respondents cannot employ a person from another field for the post in the Computer Forensic Science Division. A person who has done his Post-graduation in Physics or Chemistry cannot be appointed in the Computer Forensic Science Division.
The counsel for the petitioner further submits that the Note does not say that the Diploma or Post-graduate Diploma in Computer Application or any subject related to Computer Science should be obtained by the candidate from an approved institution.
“In service jurisprudence, the concept of public interest litigation does not exist, except a writ of quo warranto”, the Division Bench of Chief Justice Sanjay V. Gangapurwala and Justice J. Sathya Narayana Prasad observed.
The petitioner is assailing the qualification prescribed for appointment in the Computer Forensic Science Division. The person requires a Post-Graduate degree to be appointed in the Computer Forensic Science Division. The said Post-Graduate Degree should be either in Chemistry or Computer Science or Physics. The Note further states that the individual who possesses M.Sc. Degree in Computer Science must have acquired a basic degree in Physics or Chemistry as a major subject; and the individual who possesses M.Sc. Degree in Physics or Chemistry or Forensic Science with a basic degree in Physics or Chemistry as a major subject must have acquired a Diploma or Post-graduate Diploma in Computer Application or any subject related to Computer Science for appointment in the Computer Forensic Science Division/Unit.
When the Note said that a person should have acquired Diploma or Post-graduate Diploma in Computer Application or any subject related to Computer Science, the said qualification must have been acquired from an institution approved by the government.
“To provide a particular qualification is in the domain of the experts in the said field. The courts would not substitute its views over the views of the experts in the particular field. They are the best persons who would know the requirement and the basic qualification required for the particular post. These are the decisions to be taken by the experts in the particular field”, the order reads.