After receiving multiple petitions challenging recovery proceedings against heads of State government schools for the theft of free laptops meant for government and government-aided school students, the Madurai Bench of the Madras High Court has directed the government to set up a special committee for ensuring that the instructions issued by the court in this regard are followed.
Justice R.M.T. Teekaa Raman has directed the Secretary to the Education Department to form a special committee, comprising the Inspector General of Police (north and south zone), the Director of School Education and the Special Government Pleader (Education), at the High Court, and has directed the committee to ascertain the total number of reported cases from 2012 with regard to the theft of laptops meant for students, and the action taken so far.
The committee will take steps to detect the cases, with the help of the Cyber Crime Branch, by adopting scientific methods. The Special Government Pleader will advise the Education Department on the procedure to be followed for recovery of the amount from the heads of the institutions concerned. The committee will also suggest ways and means to provide necessary protection and storage to the laptops in the schools.
The court passed the directions in a batch of petitions filed by heads of government schools who challenged the recovery proceedings against them. The court said the orders for recovery were passed mechanically. Recovery cannot be made by a “non-speaking order”, the court said, and remitted the case back to the authorities concerned to give a fresh hearing and decide the issues.
Pointing out that petitions of a similar nature were being filed, the court said that the theft of free laptops was alleged, FIRs were closed in a mechanical manner and an improper order of recovery was passed. Whether there is laxity on the part of the local police in recovering the laptops or the lodging of FIR, as if there was a theft, by itself, was pre calculated and an eye wash, aimed at covering up the misdeeds, is a larger question to be resolved, the court said.
Further, the court said that there was an issue with the government order issued by the Education Department prescribing recovery of the cost of lost laptops. There cannot be recovery of money without a showcause notice. No one can be taxed without the sanction of law or the observance of principles of natural justice. It appears that the so called recovery of cost is full of loopholes and makes the entire episode of recovery proceedings just for namesake.
Tamil Nadu is a pioneer in inculcating e-learning among school students. The State government introduced free laptops for school students with noble objectives in mind. However, it appears that all is not well at the distribution level, and there is a lack of coordination between authorities, the judge said.
