C. Priya Singh v. State Of Tamilnadu Rep. By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.01.2018
CORAM:
THE HONOURABLE MR.JUSTICE C.T.SELVAM AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.33424 of 2017 and W.M.P.No.36914, 36915 and 36916 of 2017 1.C.Priya Singh Chandraban Singh 2.S.Ankita Lal Sahadeolal, 3.N.Jyothi Kumari Naresh Mandal 4.R.Manisha Ramesh 5.K.Manju Kaluram Choudhary 6.Neha Pal Shyam Sundar,
7.S.Sana Md.Shaukat Ali, 8.S.Swathy Santosh Kumar Mishra, 9.R.Uma Kumari, Rajesh Kumar, 10.Amarjith Kumar, Premchand Choudhary, 11.A.Anish, Ajay Kumar, 12.S.Pranjal Rai, Santhosh Kumar Rai, 13.P.Sujith Kumar, Pramod Kumar, 14.B.Kiran, N.Bhikapuri,
15.K.Pooja, S.Kishore, 16.S.Pooja Bohra, R.Suresh Chand Bohra, 17.P.Sakshi Kumari, Pawan Kumar Pathak, 18.R.Deepak, M.Ramesh, 19.M.Mahammad Asif Ali, Mahammad Malik, 20.J.Pawan Giri, Jogender Giri, 21.Prajwal R.Jain, Rakesh Jain, 22.K.Rakesh, N.Kulbhathur, 23.R.Santhosh,
Raj Kumar, 24.A.Sushobith Shreevasthav, Anil Kumar Shreevashtav, ... Petitioners - Vs - 1.State of Tamil Nadu represented by its Principal Secretary to Government, School Education Department, Fort St.George, Chennai - 600 009.
2.The Director of School Education, College Road, Chennai - 600 006.
3.The Director of Government Examinations, College Road, Chennai - 600 006.
4.The Chief Educational Officer, O/o.Chief Educational Office, Panakal Building, Saidapet, Chennai - 600 015.
5.Shree G.K.Jain Higher Secondary School, represented by its Correspondent, 6.The District Educational Officer, Chennai (East), Chennai - 600 094.
... Respondents 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 fourth respondent in Na.Ka.No.4941/A3/2017 dated 07.11.2017 and the consequential order of the sixth respondent in Na.Ka.No.4575/A2/2017 dated 20.11.2017 and quash the same and consequently, direct respondents to grant the petitioners with exemption from the implementation of Tamil Nadu Compulsory Tamil Learning Act, 2006. For Petitioners : Ms.Dakshayani Reddy For Respondents : Mr.P.H.Aravind Pandian Additional Advocate General assisted by Thankavadhana Balakrishnan, Additional Government Pleader
O R D E R
[Order of the Court was made by C.T.SELVAM, J] Petitioners seek issuance of a Writ of Certiorarified Mandamus calling for the records of the fourth respondent in Na.Ka.No.4941/A3/2017 dated 07.11.2017 and the consequential order of the sixth respondent in Na.Ka.No.4575/A2/2017 dated 20.11.2017 and quash the same and consequently, direct respondents to grant exemption from the implementation of Tamil Nadu Compulsory Tamil Learning Act, 2006.
2. Heard learned counsel for petitioners and learned Additional Advocate General for respondents.
3. Learned counsel for petitioners submits that petitioners have sought exemption from taking the Tamil paper as a compulsory subject in the ensuing public examination. Learned counsel submits that petitioners had all undergone their primary education in Hindi medium. When petitioners were admitted into the sixth standard in the fifth respondent school, they had undergone education in Hindi. Till 2015, there were no Tamil teaching teachers in the fifth respondent school and only in 2016, Tamil teaching teachers were appointed. Learned counsel submits that fifth respondent school, being an aided school and Tamil teaching teachers have been appointed only in 2016, petitioners ought to have been granted exemption. Petitioners are similarily placed like students migrating from other States since their mother tongue is Hindi. Submitting as above, learned counsel prays that this Court allow the writ petition.
4. Besides submitting that the students, on whose behlaf exemption is sought, have had sufficient exposure to the Tamil language as would enable them to take the Tamil examination paper, learned Additional Advocate General placed before us a 'visit report' of the District Educational Officer, Chennai East, Chennai dated 18.01.2018. The same reads as follows: 'Out of the 24 students of Shree Gouthamchand Kothari Jain Higher Secondary School, Chennai - 13 who had applied for the exemption from writing Tamil in SSLC 2018 Examination, 19 students were admitted in Class VI during 2013-14, 1 student was admitted in Class VII during 2014-15 and 4 students were admitted in Class VIII during 2015-16. A Tamil teacher Mr.Leo Jothi Bose - BT was appointed on 11.3.2017 - A.N. by the Chief Educational Officer, Chennai - 15 on grounds of deployment due to surplus post from St.Gabriel's Hr.Sec.School. Tamil Text Books were distributed to these students accordingly in time enabling them to learn Tamil. Quarterly Examination, Half Yearly
Examination and Mid-Term Tests in Subject Tamil also were promptly conducted.
During the Annual Inspection in the Academic year 2017-18 it was observed that the Tamil was taught to these students.'
5. In upholding the Tamil Nadu Tamil Learning Act, 2006, in the decision in K.R.Ramaswamy @ Traffic Ramaswamy and others vs. State and others [2007 (5) CTC 113], the understanding of this Court has been that a scheme towards making learning of Tamil compulsory was envisaged. It informed:
'34. While judging the constitutionality of the provision, the Court must also keep in mind the scheme of the Act. It is not as if the Tamil language is introduced as a compulsory subject in Part-I of Section 3 of the Act to students of all standards simultaneously at one stretch. The scheme contemplates that the Tamil is made compulsory language for the students of Standard I commencing from the academic year 2006-2007. Those students should learn Tamil as compulsory language from the second academic year viz. 2007-2008 and for their next academic year they should learn Tamil as compulsory language from Standard III. Likewise, the students who have been admitted for the academic year 2006-2007 should start learning Tamil as compulsory subject in Part-I and learn the same as a compulsory language till he goes to Standard X. By the above process of introduction of Tamil as compulsory language in Part-I in a phased manner from Standards I to X, a student who is taught Tamil from Standard I is not over-burdened and could learn the Tamil language at ease.'
(underlining supplied)
6. Taking into consideration the observations of this Court in the decision above referred to as also the 'visit report', we are of the view that requiring students, exemption for whom is sought, to take Tamil paper as a compulsory subject in the ensuing X standard examination would be unjustified. In the circumstances, the Writ Petition is allowed. The order of the fourth respondent in Na.Ka.No.4941/A3/2017 dated 07.11.2017 and the consequential order of the sixth respondent in Na.Ka.No.4575/A2/2017 dated 20.11.2017 are quashed. Petitioners are exempted from taking the 'Tamil' examination in the ensuing 2017-18 X standard public examination. No costs. Connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True Copy// gm Sub Assistant Registrar
To 1.The Principal Secretary to Government, School Education Department, Fort St.George, Chennai - 600 009.
2.The Director of School Education, College Road, Chennai - 600 006.
3.The Director of Government Examinations, College Road, Chennai - 600 006.
4.The Chief Educational Officer, O/o.Chief Educational Office, Panakal Building, Saidapet, Chennai - 600 015.
5.The District Educational Officer, Chennai (East), Chennai - 600 094.
+1cc to Mr.Dakshayani Reddy, Advocate, S.R.No.7356 +2cc to the Government Pleader, S.R.No.7482 W.P.No.33424 of 2017 KAN(CO) RRK(02/02/2018)