Seventh Day Adventist Matriculation Higher Secondary School v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 27.03.2025 Coram:

THE HONOURABLE MRS.JUSTICE N.MALA and WMP.No.13133 of 2025

1. Seventh-Day Adventist Matriculation Higher Secondary School, Represented through its Head Master Mr.Kingson, son of P.R.Isarael, Arts College Road, Otteri, Vellore- 632 002. 2.Jovina Jomon Represented through her next friend Alosius I street, Balunagar, Virudumpettu, Gandhi Nagar, Vellore.

... Petitioners Vs.

1. The Secretary to Government, School Education Department, Fort St.George, Chennai-600 009.

2.The Director of Matriculation Schools, College Road, D.P.I Campus, Nungambakkam, Chennai.

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3. The Director of Government Examinations, College Road, D.P.I. Campus, Nungambakkam, Chennai-600 006.

4. The District Educational Officer, (Private Schools), District Education Office Building, Sathuvacheri, Vellore-632 009.

5. The Chief Educational Officer, District Education Office Building, Sathuvacheri, Vellore-632 009.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents to correct the Nominal Roll and Top Sheet permitting the 2nd Petitioner to write Part-1 language examination in Hindi.

For Petitioners : Mr.P.V.Balasubramaniam, Senior Counsel for Mr.Siddarth.P 2 / 8

For Respondents : Mr.L.S.M.Hasan Fazil, Additional Government Pleader

ORDER

Writ petition is filed for issuance of a Writ of Mandamus, directing the Respondents to correct the Nominal Roll and Top Sheet permitting the 2nd Petitioner to write Part-1 language examination in Hindi.

2. The 1st petitioner is a Private School in Vellore. The 2nd petitioner who was previously studying in IDA Scudder School (ICSE) Board from Class I to VIII, joined the 1st petitioner school in IX Standard. The 2nd petitioner hails from Kerala, and opted for Hindi as Part- I language in the IX Standard in the 1st petitioner School. While so, the 2nd petitioner was issued with the hall ticket with Roll No./Registration No: 8699762/XM25R2468699762 for the ensuing Board exams to be conducted in March 2025. However, the 2nd petitioner's Nominal Roll and Top sheet of SSLC exams for Part-I language reads as Tamil. The 1st petitioner therefore submitted three letters on 03.01.2024, 06.02.2025 and 07.03.2025 to the 5th respondent, seeking rectification in the Nominal Roll and Top sheet to read the same as Hindi instead of Tamil. According to the 1st 3 / 8

petitioner, the 2nd petitioner hails from Kerala and her mother tongue is Malayalam. The 2nd petitioner throughout her Schooling from class I to IX Standard opted for Hindi as Part-I language and therefore, if the 2nd petitioner's Nominal Roll and Top sheet was not rectified to read as Hindi, the 2nd petitioner would be put to hardship and further she would lose one precious academic year. The petitioners therefore filed the above writ petition for the aforesaid relief.

3. The 2nd petitioner admittedly joined the 1st petitioner school in the IXth Standard and opted for Hindi as Part-I language. The 2nd petitioner hails from Kerala and her mother-tongue is Malayalam. The 2nd petitioner throughout her schooling from I to IX did not opt for Tamil as her Part-I language because she was neither familiar nor proficient in Tamil. The 2nd petitioner therefore opted for Hindi as her Part-I language in IX Standard, when she shifted to the 1st Petitioner School. In the Tamil Nadu Tamil Learning Act, 2006 (Act 13 of 2006) there is provision for exemption of students who join school in 9th and 10th from the purview of the Act. Admittedly the 2nd petitioner joined the 1st petitioner School in 9th Standard and so she is entitled for exemption. The 1st petitioner has also undertaken in the affidavit that the school will not claim any exemption for the 4 / 8

academic year 2025-2026 and in future under the Tamil Nadu Tamil Learning Act, 2006.

4. Recording the undertaking of the 1st petitioner and considering the fact that the student/2nd petitioner will suffer irreparable injury if the rectification of the Nominal Roll and Top sheet to read as Hindi is not allowed, I am inclined to issue the direction prayed for. The following directions are issued to the respondents 2 to 5.

i) The respondents 2 to 5 shall correct the Nominal Roll and Top sheet to read as Hindi instead of Tamil.

ii) The respondents in pursuance of the correction of the Nominal Roll and Top sheet as stated above shall permit the 2nd petitioner to writ Part-I language in Hindi.

iii) If no student has opted for Hindi as Part-I language in the 1st petitioner school, then the respondents shall issue a Xerox Copy of Part-I language Hindi question paper to the 2nd petitioner from the nearest neighbouring school. iv) The respondents shall also declare the results of the 2nd petitioner for Part-I language paper written in Hindi.

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With the aforesaid directions, this writ petition is allowed. However, there shall be no order as to costs. Consequently, connected WMP is closed. 27.03.2025 Index:Yes/No Speaking order:Yes/No dsn Note:

Issue order copy today 6 / 8

To

1. The Secretary to Government, School Education Department, Fort St.George, Chennai-600 009.

2.The Director of Matriculation Schools, College Road, D.P.I Campus, Nungambakkam, Chennai.

3. The Director of Government Examinations, College Road, D.P.I. Campus, Nungambakkam, Chennai-600 006.

4. The District Educational Officer, (Private Schools), District Education Office Building, Sathuvacheri,Vellore-632 009.

5. The Chief Educational Officer, District Education Office Building, Sathuvacheri, Vellore-632 009.

N.MALA,J.

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