Tamilnadu Nursery Primary v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2015 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.Nos.18845, 18019, 14494, 21079 of 2014, 21514, 23979, 26431 to 26443, 28579, 27712 to 27714, 29596, 29611, 29612, 30232 and 33540 of 2015 and W.P. (MD) No.15311 of 2014 TAMILNADU NURSERY PRIMARY MATRICULATION HR.SEC.SCHOOL ASSN REP BY STATE GEN.SECRETARY K.R.NANDAKUMAR 49 OLD POST OFFICE ST KORATTUR PO CHENNAI 80 ...PETITIONER in WP.18845/14 THE ORGANIZATION OF MUSLIM EDUCATIONAL INSTITUTION AND ASSOCIATIONS OF TAMIL NADU (OMEIAT) REP. BY GEN. SECY. DR.S.SATHIKH ANJUMAN CAMPUS 16 B N REDDY ROAD T.NAGAR CH-17.

...PETITIONER in WP.18019/14 THE ASSOCIATION OF MATRICULATION HR. SEC. SCHOOL & THEIR MANAGEMENTS IN TAMILNADU & PONDICHERRY REP. BY GENL. SECY. S.K.VENKATASALA PANDIAN 274/1 MTH ROAD CH-49.

...PETITIONER in WP.14494/14

1. P. PRABA REP BY FATHER AND GUARDIAN Y.VENKATESAN

2. S.KAVITHA REP BY FATHER AND GUARDIAN Y.VENKATESAN

3. P.MONIKA REP BY MOTHER AND GUARDIAN T.S.PARIMALA

4. M.PAVITHRA REP BY MOTHER AND GUARDIAN M.LAKSHMI

5. K.RAJESH REP BY FATHER AND GUARDIAN E.A.BALAIAH

6. V.THILAGAVATHY REP BY FATHER AND GUARDIAN G.VENKATASALU

7. R.MUTHU REP BY MOTHER AND GUARDIAN RANI

8. B.GANGA REP BY MOTHER AND GUARDIAN SARALA

9. T.MANI REP BY MOTHER AND GUARDIAN SAMPOORNA 10.M.HEMANTH KUMAR REP BY FATHER AND GUARDIAN RAMAKRISHNA GNANAMMAL 11.M.PERUMAL REP BY FATHER AND GUARDIAN M.GOVINDARAJULU 12.C.KUMAR REP BY MOTHER AND GUARDIAN KUPPAMMA 13.M.SRAVANI REP BY FATHER AND GUARDIAN M.MUNIRAJAPPA 14.T.ASHA REP BY FATHER AND GUARDIAN S.THIMMARAYAPPA 15.S.SUDARINI REP BY FATHER AND GUARDIAN B.SEENAPPA 16.R.BABU REP BY FATHER AND GUARDIAN R.NARAYANASAMY 17.N.LAXMIPATHI REP BY FATHER AND GUARDIAN M.NARAYANAPPA 18.N.MOORTHY REP BY FATHER AND GUARDIAN C.NARAYANAPPA 19.N.RAGHU REP BY FATHER

AND GUARDIAN C.NARAYANAPPA 20.N.RAMYA REP BY MOTHER AND GUARDIAN C.NAGARAJ 21.R.SASIKUMAR REP BY FATHER AND GUARDIAN A.RAMESH 22.S.NETHRA REP BY FATHER AND GUARDIAN V.SRINIVAS 23.M.MADHUSHRI REP BY FATHER AND GUARDIAN N.MUNIRAJ 24.B.MANJU REP BY FATHER AND GUARDIAN R.BEERAIAH 25.N.SHANDEEPP REP BY FATHER AND GUARDIAN M.NARAYANAPPA 26.G.AASHA REP BY FATHER AND GUARDIAN R.GAJANDAR 27.N.SHRISHA REP BY FATHER AND GUARDIAN E.NAGABUSHANA REDDY B.

28.N.SRIKANTH FATHER AND GUARDIAN O.NARAYANAPPA 29.M.ANITHA REP BY FATHER AND GUARDIAN C.MURUGESH 30.R.SRIDEVI REP BY MOTHER AND GUARDIAN LAKSHMAMMA 31.N.SYLA REP BY FATHER AND GUARDIAN M.NARASIMAPPA 32.T.LAVAYA REP BY FATHER

AND GUARDIAN THOLUGUTTAPPA 33.M.SIVAKUMAR REP BY FATHER AND GUARDIAN T.MUNIAPPA ...PETITIONERS in WP.21079/14 1.B.CHENNAJAPPA S/O. BASAPPA 2.K.S.JAYASHEKAR S/O. SUBBANNA 3.L.RAJANNA S/O.LINGAPPA KARALAVADI 4.M.SHIVASHANKAR S/O. N.M.MAHADEVAPPA 5.M.KRISHNA S/O. MAHADEVAPPA ...PETITIONERS in WP.21514/15 HOSUR STUDENTS WELFARE SOCIETY REP BY ITS PRESIDENT MR.SURESH CHAND BAFNA SAGARMAL NO.6 SIPCOT SHOPPING COMPLEX MOOKANDAPALLI HOSUR-635 126 ...PETITIONER in WP.23979/15 HASNATH-E-JARIA GIRLS HIGHER SECONDARY SCHOOL REP BY ITS CORRESPONDENT AMBUR 635 802 VELLORE DISTRICT ...PETITIONER in WP.26431/15 KHADERIA HIGHER SECONDARY SCHOOL REP BY ITS CORRESPONDENT KHADERPET VANIYAMBADI 635 751 VELLORE DISTRICT ...PETITIONER in WP.26432/15 ISLAMIA JAMA-ATH HIGH SCHOOL REP BY ITS MANAGER AND CORRESPONDENT

NARIYAMBATTU 635 319 VELLORE DISTRICT ...PETITIONER in WP.26433/15 RAMEEZA ORIENTAL ARABIC ISLAM GIRLS HIGH SCHOOL REP BY ITS CORRESPONDENT PERNAMBUT, 635 810, VELLORE DISTRICT ...PETITIONER IN WP.26434/15 ISLAMIAH BOYS HIGHER SECONDRY SCHOOL REP BY ITS CORRESPONDENT VANIYAMBADI, VELLORE DISTRICT ...PETITIONER IN WP.26435/15 MUHAMMADIA HIGH SCHOOL REP BY ITS CORRESPONDENT OOMERABAD, 635 808 VELLORE DISTRICT ...PETITIONER IN WP.26436/15 ISLAMIAH GIRLS HIGHER SECONDRY SCHOOL REP BY ITS CORRESPONDENT MELVISHARAM , VELLORE DISTRICT ...PETITIONER IN WP.26437/15 NUSRATHUL ISLAM GIRLS HIGHER SECONDRY SCHOOL REP BY ITS SECRETARY AND CORRESPONDENT PERNAMBUT 635 810, VELLORE DISTRICT ...PETITIONER IN WP.26438/15 OSMANIA HIGHER SECONDARY SCHOOL REP BY ITS CORRESPONDENT THIRUPATHUR, VELLORE DISTRICT ...PETITIONER IN WP.26439/15 MAZHARUL ULOOM HIGHER SECONDRY SCHOOL REP BY ITS CORRESPONDENT AMBUR 635 802 , VELLORE DISTRICT ...PETITIONER IN WP.26440/15 ISLAMIAH GIRLS HIGHER SECONDRY SCHOOL REP BY ITS CORRESPONDENT VANIYAMBADI , VELLORE DISTRICT ...PETITIONER IN WP.26441/15

ISLAMIAH BOYS HIGHER SECONDRY SCHOOL REP BY ITS CORRESPONDENT MELVISHARAM, VELLORE DISTRICT ...PETITIONER IN WP.26442/15 THE MUSLIM HIGHER SECONDARY SCHOOL REP BY ITS CORRESPONDENT TRIPLICANE ,CHENNAI 5 ...PETITIONER IN WP.26443/15 ISLAMIA HIGHER SECONDARY SCHOOL REP. BY ITS CORRESPONDENT PERNAMBUT, VELLORE DISTRICT.

...PETITIONER IN WP.28579/15 M/S.BLESSINGS MATRICULATION HR. SEC. SCHOOL REP BY ITS PRINCIPAL MRS.T.SOFIA RACHEL MARY BLESSINGS NAGAR KEERAPAKKAM THIRUKALUKUNDRAM 603 109 KANCHEEPURAM DISTRICT ...PETITIONER in WP.27712/15 ST. MARKS MATRICULATION HR. SEC. SCHOOL REP BY ITS VICE PRINCIPAL MRS.T.SHAMABAI NO.141 RADHA NAGAR MAIN ROAD CHROMEPET CHENNAI 44 ...PETITIONER in WP.27713/15 M/S.ALM MATRICULATION HR.SEC. SCHOOL REP BY ITS PRINCIPAL DR.K.I.N.DEIVA AKANDAN PARAMAN A.P.M.S.GARDEN 2/170 EAST COAST ROAD INJAMBAKKAM CHENNAI 115 ...PETITIONER in WP.27714/15 MONICA REP. BY HER MOTHER AND NATURAL GUARDIAN MRS.MUNILAKSHMAMMA ...PETITIONER in WP.29596/15 EBENEZER MATRICULATION HIGHER SECONDARY SCHOOL REP. BY ITS CORRESPONDENT THIRU.S. SUKUMAR JEYASINGH HOUSING BOARD COLONY 7TH STREET KORATTUR CHENNAI- 600 080 ...PETITIONER in WP.29611/15 EBENEZER MATRICULATION HIGH SECONDARY SCHOOL

REP. BY ITS PRINCIPAL MR. E. RAHILENT EBENS KOTTUR YELAGIRI HILLS VELLORE - 635 853 ...PETITIONER in WP.29612/15 1.SILVIAN NORONHA S/O. LATE ALEX NORONHA 2.DAVID ROTHANGLIANA 3.THANAKORN HOONSIL 4.RAYMOND ZOTHANGLIANA 5.JIJO ALANGADAN 6.K.P. SAIRAJ ...PETITIONERS in WP.30232/15

1. B.ARUL MARIADOSS BABU

2. S.VENKITESH KUMAR

3. V.D. DINESH

4. BINOY

5. D.THANGARASU

6. K.RAVICHANDRAN

7. M.G.M. ANAND

8. LEO AMBROSE

9. V.SRIDHAR 10.V.I.D. AMAL ANAND 11.MANGAL SINGH MANGAL EXPORTS OPP.TO31 NANJAPPA HIGH SCHOOL KHADERPET TIRUPUR.

12.GEORGE JOSEPH P.O BOX NO 281 CHAWLA ARCHIETECTS & CONSULTANTS DHUBAI U.A.E

13.VASUNRAZ KOIJAM SINGJAMEI OINAM THINGEL IMPHAL WEST - 95001.

14.CYRIL KURIAN 15 VIOLET CT BERGEN FIELD N J 07621 U.S.A 15.MAZOOD OMARKHAN POST BOX -27581 TENARS GLOBAL SERVICES DUBAI U.A.E.

16.M.UDAYASANKAR NO.20 1/6 FLORIDA TOWER KOTAHENA COLOMBO - 13 SRI LANKA.

17.K.JYOTHY KUMAR DEVIKRIPA NEAR VALIKEEZHU TEMPLE KAVANADU PO. KOLLAM - 691 003 KERALA.

18.MADHAVAN SRI VENKATESWARA BUILDING 29/A KUMILY ROAD POOPARA IDUKKI DISTRICT KERALA-685 619.

...PETITIONERS in WP.33540/15 TAMILNADU PRIVATE MATRICULATION SCHOOLS STUDENTS PARENTS ASSOCIATION (S.No.21 OF 2011/127,MANDALAM) PONMANAI POST, KANYAKUMARI DISTRICT - 629161 REP.BY ITS AUTHORISED OFFICER ...PETITIONER IN WP(MD).15311/14 Vs.

1.THE STATE OF TAMILNADU REP BY ITS GOVERNMENT AND SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT FORT ST. GEORGE CHENNAI 9 2.THE DIRECTOR OF MATRICULATION SCHOOLS DPI COMPOUND COLLEGE ROAD CHENNAI 6 3.THE DIRECTOR OF GOVERNMENT EXAMINATIONS

DPI COMPOUND COLLEGE ROAD CHENNAI 6 ...RESPONDENTS 1 to 3 in WP No.18845,18019,14494, 21079 of 2014, 23979,27712,27713,27714 of 2015 4.LINGUISTIC MINORITIES FORUM OF TAMIL NADU REP. BY ITS CHAIRMAN DR. C.M.K. REDDY HAVING OFFICE AT 306 POONAMALLEE HIGH ROAD KILPAUK CHENNAI - 600 010.

...R4 IN WP.18019/14 (IMPLEADED AS PER ORDER DATED 23.11.2015 IN MP.1/2015 IN WP.18019/2014 BY HON'BLE CJ & PSNJ) THE DIRECTOR OF SCHOOL EDUCATION COLLEGE ROAD, CHENNAI - 6 ...R3 IN WP.23979/15 THE DIRECTOR OF ELEMENTARY EDUCATION, COLLEGE ROAD, CHENNAI - 6.

...R2 & R3 IN WP.21079/14 THE CHIEF EDUCATIONAL OFFICER KRISHNAGIRI ...4th RESPONDENT in WP.21079/14 1.THE STATE OF TAMILNADU REP.BY ITS SECRETARY TO GOVERNMENT SCHOOL EDUCATION (ERT) DEPARTMENT FORT ST. GEORGE CHENNAI-600 009 2.THE DIRECTOR OF SCHOOL EDUCATION COLLEGE ROAD CHENNAI-600 006 3.THE CHIEF EDUCATIONAL OFFICER ERODE DISTRICT ERODE 4.J. JAYARAMAN S/O.LATE JAVARAIAH KODIPURAM THALAMALAI VILLAGE SATHYAMANGALAM TALUK ERODE DISTRICT - 638 461.

(R-4 IS IMPLEADED AS PER ORDER DATED :23.11.2015

BY C.J. & P.S.N. J. IN MP.3/2015 IN WP.21514/2015) ...RESPONDENTS in WP..21514/15 THE CHIEF EDUCATIONAL OFFICER KRISHNAGIRI DISTRICT TAMIL NADU THE INSPECTOR OF MATRICULATION SCHOOLS ROOM NO.305 3RD FLOOR COLLECTORATE SALEM TAMIL NADU - 635 601 THE DISTRICT EDUCATIONAL OFFICER HOSUR KRISHNAGIRI DISTRICT TAMIL NADU ST.JOSEPHS MATRICULATION HIGHER SECONDARY SCHOOL REP BY ITS HEADMISTRESS & CORRESPONDENT MOOKANDAPALLI POST SIPCOT HOSUR TAMIL NADU - 635 126 ...4th to 7th RESPONDENTS in WP.23979/15 1.THE STATE OF TAMIL NADU REP BY ITS SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT FORT ST. GEORGE CHENNAI 9 2.THE DIRECTOR OF SCHOOL EDUCATION COLLEGE ROAD CHENNAI 6 3.THE CHIEF EDUCATIONAL OFFICER VELLORE VELLORE DISTRICT 4.THE DISTRICT EDUCATIONAL OFFICER THIRUPATTUR VELLORE VELLORE DISTRICT ...RESPONDENTS in WPS.26431,26432,26433 to 26443 of 2015 & 28579/15 1.THE STATE OF TAMIL NADU REP BY ITS SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT FORT ST. GEORGE CHENNAI 9

2.THE DIRECTOR OF SCHOOL EDUCATION COLLEGE ROAD CHENNAI 6 3.THE CHIEF EDUCATIONAL OFFICER, SAIDAPET, CHENNAI 4.THE DISTRICT EDUCATIONAL OFFICER, CHENNAI EAST, SULAIMEDU, CHENNAI - 94 ...RESPONDENTS IN WP.26443/15 THE CHIEF EDUCATIONAL OFFICER KANCHEEPURAM KANCHEEPURAM DISTRICT THE INSPECTOR OF MATRICULATION SCHOOL KANCHEEPURAM KANCHEEPURAM DISTRICT ...4th and 5th RESPONDENT in WPS.27712,27713,27714 of 2015 1.THE STATE OF TAMIL NADU REP. BY SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT FORT ST. GEORGE CHENNAI-9.

2.THE DIRECTOR OF SCHOOL EDUCATION COLLEGE ROAD NUNGAMBAKKAM CHENNAI-6.

3.THE DIRECTOR OF ELEMENTARY EDUCATION COLLEGE ROAD NUNGAMBAKKAM CHENNAI-6.

...RESPONDENTS in WP.29596/15 1.STATE OF TAMIL NADU REP. BY ITS SECRETARY TO SCHOOL EDUCATION DEPARTMENT CHENNAI - 600 009 2.DIRECTOR OF MATRICULATION SCHOOLS COLLEGE ROAD D.P.I. CAMPUS NUNGABAKKAM CHENNAI - 600 006 3.THE DIRECTOR OF GOVERNMENT EXAMINATIONS COLLEGE ROAD D.P.I.CAMPUS NUNGABAKKAM CHENNAI - 600 006

...RESPONDENTS in WP.29611,29612/15 1.THE GOVERNMENT OF TAMIL NADU REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SCHOOL EDUCATION FORT ST. GEORGE CHENNAI - 600 009 2.THE DIRECTOR OF SCHOOL EDUCATION DPI COMPOUND COLLEGE ROAD NUNGAMBAKKAM CHENNAI - 600 006 3.THE INSPECTOR OF ANGLO INDIAN SCHOOLS DPI COMPOUND COLLEGE ROAD NUNGAMBAKKAM CHENNAI - 600 006 4.THE CHIEF EDUCATIONAL OFFICER OFFICE OF THE CHIEF EDUCATIONAL OFFICER SALEM ...RESPONDENTS in WP.30232,33540/15 1.THE GOVERNMENT OF TAMIL NADU REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SCHOOL EDUCATION FORT ST. GEORGE CHENNAI - 600 009 2.THE DIRECTOR OF SCHOOL EDUCATION DPI COMPOUND COLLEGE ROAD NUNGAMBAKKAM CHENNAI - 600 006 3.THE DIRECTOR OF MATRICULATION SCHOOLS FORT ST. GEORGE, CHENNAI - 6 4.THE CHIEF EDUCATIONAL OFFICER COLLEGE ROAD CHENNAI - 6 5.THE DISTRICT EDUCATIONAL OFFICER, NAGARCOIL, KANYAKUMARI DISTRICT 6.THE DISTRICT EDUCATIONAL OFFICER, THUCKALEY, KANYAKUMARI DISTRICT.

7.THE DISTRICT EDUCATIONAL OFFICER, KUZHITHURAI AT MARTHANDAM, KANYAKUMARI DISTRICT 8.THE INSPECTOR OF MATRICULATION SCHOOLS,

TIRUNELVELI, TIRUNELVELI DISTRICT 9.THE ASSOCIATION OF MATRICULATION, HIGHER SECONDARY SCHOOLS AND THEIR MANAGEMENT OF TAMILNADU & PONDICHERRY REP.BY ITS GENERAL SECRETARY S.K.VENKATA CHALA PANDIAN (R9 - SUO MOTU IMPLEADED VIDE COURT ORDER DATED 19.09.2014) ...RESPONDENTS IN WP(MD).15311/14 PRAYERS:

WP No.18845 & 14494 of 2014 Calling for the records of the second respondent in Na.Ka.No.816/A1/2014 dated 10.02.2014 since it seeks to implement Act 13 of 2006 Tamilnadu Tamil learning Act and quash the same.

WP No.18019 of 2014 Directing the First Respondent herein to dispose of the representation dated 30.05.2014 and consequentially direct the Respondents not to take any coercive steps in implementing the Tamil Nadu Act 13 of 2006 pending disposal of the said representation.

WP No.21079 of 2014 Forbearing the respondents herein from implementing the Tamilnadu Learning Act 13 of 2006 until the rules are framed under the said Act and until provision is made for the proper infrastructure by appointment of properly qualified teachers from class I and until syllabus, books and timetable commensurate with the same are provided.

WP No.21514 of 2015 Directing the 1st respondent to exercise its powers under section 5 of Act 13/2006 namely the Tamil Nadu Learning Act, 2006 and exempt the students whose mother tongue is Kannada from the provisions of Act 13/2006 in particular section 3 of Act 13/2006.

WP No.23979 of 2015 Calling upon the Respondents to grant exemption under Sec.5 from the operation of the Tamil Learning Act of 2006 as per the representation dated 01.6.2015 of the Petitioner. WP No.26431 to 26443 & 28579 of 2015 Calling for the entire records connected with impugned order passed by the 2nd respondent vide Na. Ka. No.72716/C5/E2/2014, dt 3.6.2014 and consequential order of the 3rd respondent dated May 2015, signed on 18.5.2015, vide Na. Ka. No.1235/B1/2015 and

quash the same and direct the respondents to exempt the students studying in the petitioner School from writing Tamil as a compulsory language under Part I in SSLC Examination for the academic year 2015-2016.

WP No.27712 of 2015 Directing the respondents to permit the petitioner School to conduct French & Hindi Classes to the above students respectively as Part I language for the Academic Year 2015, and provide French & Hindi question papers to them respectively for their X Std Public Examination for Part I language exempting them from learning Tamil as Part I language for the Academic Year 2015-16.

WP No.27713 of 2015 Directing the respondents to permit the petitioner School to conduct Hindi Classes to the above twelve students as Part I language in X Std for the Academic Year 2015-16, and to provide Hindi question paper to them for their X Std Public Examination for Part I language exempting them from learning Tamil as Part I language for the Academic Year 2015-16.

WP No.27714 of 2015 Directing the respondents to permit the petitioner School to conduct Arabic & Hindi Classes to the above students respectively as Part I language in X Std for the Academic Year 2015-16, and to provide Arabic & Hindi question papers to them respectively for their X Std Public Examination for Part I language exempting them from learning Tamil as Part I language for the Academic Year 2015-16.

WP No.29596 of 2015 Calling for the records of the 2nd respondent in Na.Ka. No.72716/ C5/E2/2014 and to quash the order dated 30.4.2015 made therein WP No.29611 & 29612 of 2015 To direct the Respondents to the grant all the students studying in Petitioner school an exemption under section 5 of the Tamil learning Act 13 of 2006 for a period of 5 years from the academic year 2015-2016 up to 2020-2021 and enable all the students in our school to face their Academic and Board exams on a common footing or platform WP No.30232 of 2015 Directing the first respondent herein to exempt the petitioners

wards, namely, (1) SANDEEP CYRIL NORONHA, (2) JEREMY VANMALSAWMA, (3) THANAKORN HOONSIL, (4) ROGER ZOREMTHANGA, (5) ABIN JIJO ALANGADAN and (6) SAHIL AHAMED studing in X Std. in Montfort Anglo Indian Higher Secondary School, Yercaud under Section 5 of the Act 13 of 2006 read with G.O.Ms. No. 145, School Education (ERT) Department Dated 18.09.2014 issued by the 1st respondent from compulsorily writing an examination in Tamil as a language paper and permit the petitioners wards to writ the language paper either in Hindi or in French in the Tamil Nadu State Board Examinations to be held in March 2016 WP No.33540 of 2015 Directing the 1st respondent herein to exempt the petitioners wards namely, (1) Aaron Rajan A, (2) Vishnuraj V, (3) Ajith V.D., (4) Steeve Sam Binoy, (5) Vinod T, (6) Harihara Prasadh K.R. (7) Iwyn Muthu A (8) Aldo Leo, (9) Sai Sidhartha Reddy V,

(10) John Thomas A, (11) Manjeet Singh Rao, (12) Riya George,

(13) Vasundhara Devi Koijam, (14) Jones K Cyril, (15) Sabah Mazood, (16) Tharanesh Udayasankar, (17) Kishan J Panciker (18) Mahendra Vishnu M, studying in X std in Montfort Anglo Indian Hr. Sec. School, Yercaud under Section 5 of the Act 13 of 2006 read with G.O.Ms.No.145, School Education (ERT) Department dt.18.09.2014 issued by the 1st Respondent from compulsorily writing an examination in Tamil as a ...

W.P.(MD).15311 OF 2014 Writ of Certiorari Calling for the records relating to the impugned proceedings issued by the 3rd Respondent, Director of Matriculation Schools in Na.Ka.No.816/A1/2014 dated 30.05.2014 and the consequent proceedings issued by the 8th Respondent, Inspector of Matriculation Schools in Na.Ka.No.354/A1/2014 dated 03.06.2014 quash the same in so far as they compel the Matriculation Schools and the students therein to switch over suddenly to Tamil as their part - I First Language from their mother tongue Malayalam, and pass such further order. Appearance:

FOR PETITIONER Mr.M.Vekadesan ...In Wp.18845/14 Mr.M.Ravindran SC for M/s.Krishna Ravindran ...In Wp.18019/14 Mr.N.R.Chandran SC

for Mr.R.Kannan ...In Wp.14494/14 Mrs.Dakshayani Reddy ...In Wp.21079/14 Mrs.Nalini Chidambaram for Mrs.Uma ...In Wp.21514/15 Mr.Yarshavardhan SC for Mr.S.Venkatraman ...In Wp.23979/14 Mr.A.R.L.Sundaresan SC for Mr.S.N.Ravichandran ...In Wp.26431 to 16443/15, 28579/15 Mr.H.Mohammed Farook ...In Wp.27712/15 to 27714/15 Mr.G.M.AnanthaKumar ...In Wp.29596/15 Mr.L.Chandrakumar ...In Wp.29611/15 & 29612/15 Mr.B.RaviRaja ...In Wp.30232/15 & 33540/15 Mr.Godson Swaminathan for M/s.Isaac Mohanlan ...In Wp(Md).15311/14 FOR RESPONDENT Mr.A.L.Somayaji, Advocate General Assisted by Mr.D.KrishnaKumar Special Govt Pleader(Education) ...In All WPs Mr.M.Balaji ...Impleaded Person in Wp.18019/14 COMMON ORDER (Order of the Court was made by The Hon'ble Chief Justice) Learned Advocate General has obtained instructions to state that the competent authority would be in a position to deal with the issue of exemptions of individual students in a time bound manner, keeping in mind the anxiety of the students over the

scheduled examination in March 2016.

2.We are informed that some of the students may have applied individually while others through their parents or institutions. In case, someone is left out, the needful be done within two (2) weeks from today. We make it clear that where applications are routed through institutions including Government schools, it shall be the duty of the Head of the institutions to make sure that the applications are forwarded in time.

3.We have impressed upon the learned Advocate General that keeping in mind that the Rules have been brought into force only in the year 2012 and the issue relates to the fate of the students, who should not suffer, a liberal approach is mandatorily required, especially at the inception stage of introduction of the scheme to ensure that they do not face any harassment and that he must, in turn, impress upon the competent authority that these principles are to be kept in mind while dealing with the applications. Further, we call upon the competent authority to deal with the applications within a period of six (6) weeks from today because we have granted two

(2) weeks time for moving any further application. 4.We are sure that the competent authority, especially in view of what we have observed above, would keep the interest of the students at heart while deciding the application. 5.We may notice that the latest affidavit filed by the Director of School Education seeks to make a U-turn inasmuch as what is sought to be pleaded qua minority aided institutions is now that after 1991-92, no aid has been provided qua the teachers appointed and only the aid has been made available for teachers appointed with the permission of the Government prior to that year. It is, thus, stated that it is the schools' job to make available the funds for the teachers to be deployed after that year and wherever a special request is made, the individual cases have been dealt with accordingly.

It is stated that this is so in view of the amendment to the Act. 6.Learned senior counsel appearing for the petitionerorganisation in W.P.No.18019 of 2014, however, states that the prayer sought for in the petition has exhausted itself, but the petitioner-organisation wants to raise some other issues. We grant them liberty to file a writ petition for those aspects. 7.

no further directions are required. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar sra To

1. The Secretary to Government, Education Department, Fort St. George, Chennai.

2. The Director of Matriculation Schools, DPI Compound, College Road, Chennai.

3. The Director of Government Examinations, DPI Compound, College Road, Chennai - 6

4. The Chief Educational Officer, Krishnagiri.

5. The Director of School Education, College Road, Chennai - 6.

6. The Chief Educational Officer, Erode District.

7. The Chief Educational Officer, Krishnagiri District.

8. The Inspector of Matriculation Schools, Room No.305, 3rd Floor, Collectorate, Salem - 635 601.

9. The District Educational Officer, Hosur, Krishnagiri District.

10.Headmistrers & Correspondent, St. Josephs Matriculation Higher Secondary School,

Mookandapalli Post, SIPCOT, Hosur 635 126.

11.The Chief Educational Officer, Vellore.

12.The District Educational Officer, Thirupattur, Vellore District.

13.The Chief Educational Officer, Kancheepuram District.

14.The Inspector of Matriculation School, Kancheepuram.

15.The Director of Elementary Education, College Road, Nungambakkam, Chennai - 6.

16.The Inspector of Anglo Indian Schools, DPI Compound, College Road, Nungambakkam, Chennai - 6.

17.The Chief Educational Officer, Salem.

18.The District Educational Officer, Nagarcoil, Kanyakumari District.

19.The District Educational Officer, Thuckaley, Kanyakumari District.

20.The District Educational Officer, Kuzhithurai at Marthandam, Kanyakumari District.

21.The Inspector of Matriculation Schools, Tirunelveli District.

22.Mr.S.K.Venkatachalapandian, General Secretary, The Association of Matriculation and Higher Secondary School and their

Management of TamilNadu & Pondicherry, 274/11, MTH Road, Chennai 600 049.

+ 1 CC to Government Pleader SR NO 63504 + 3 CCs to Mr.H.Mohammed Farook, Advocate SR NO 63556, 63557, 63558 + 2 CCs to Mr.S.Venkatraman, Advocate SR NO 63414 + 1 CC to Mr.M.Venkateshan, Advocate SR NO 63458 + 14 CC to Mr.S.N.Ravichandran, Advocate SR NO 63518 + 1 CC to Mrs. C.Uma, Advocate SR NO 63512 + 1 CC to M/s.Dhakshayani Reddy, Advocate SR NO 63552 + 1 CC to Mr.Krishna Ravindran, Advocate SR NO 63696 + 1 CC to Mr. S.Senthil Nathan, Advocate SR NO: 63770 + 1 CC to Mr. Issac Mohanlan , Advocate SR NO: 63965 + 2 CC to Mr.B.Raviraja , Advocate SR NO: 64074 + 1 CC to Mr.S.SathishChandran , Advocate SR NO: 64036 +1cc to M/s.R.Kannan, Advocate sr.64961[30/11/2015] + 1 cc to Mr.G.M.Anantha Kumar, Advocate sr 63726[23/12/2015] W.P.Nos.18845, 18019, 14494, 21079 of 2014, 21514, 23979, 26431 to 26443, 28579, 27712 to 27714, 29596, 29611, 29612, 30232 and 33540 of 2015 and W.P. (MD) No.15311 of 2014 (CO)KJI CA(/11/2015)