Stanes Anglo Indian Higher v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2017
CORAM
THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.43280 of 2016 Stanes Anglo Indian Higher Secondary School Coonoor, Nilgiris District rep. by its Principal and Correspondent Mr.Glenn Croning ... Petitioner Vs
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 Chief Educational Office Salem.
... Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Certiorarified Mandamus calling for the records pertaining to the guidelines issued by the 1st respondent to the 2nd respondent in Letter (MS) No.134, dated 18.07.2016 and to quash the same and to direct the respondents to grant exemption to those students of the petitioner school namely (1) Eshwar Sashi Kumar.R, (2) Nithiesh.S, (3) Darren M Sangma from writing the Tamil language papers in 10th Standard public examination under Part-I in March 2017 for the Academic year 2016-17.
For Petitioner : Mr.B.Ravi Raja For Respondents : Mr.R.Muthukumarasamy Advocate General assisted by Mr.T.N.Rajagopalan Special Government Pleader
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) A fresh government order has been issued dated 2.1.2017. To remove the possibility of any doubt over the interpretation of that government order, the learned Advocate General is in agreement with the understanding of this Court of the Government Order that effectively unless a person has had the benefit of studying Tamil for a period of three academic years before taking the examination, he would not be tested in the Tenth Class in that subject and will be provided exemption.
2. The result of the aforesaid insofar as the present writ petition is concerned is that students at Serial Nos.(1) and (3) on Page (38) of the typed set would be entitled to the exemption, but the student at Serial No.(2), who would have studied Tamil for a period of three academic years before taking the examination, would not be entitled to the exemption. We, thus, accordingly dispose of the petition leaving the larger question qua the second student open in view of the petitioners in other petitions seeking to agitate the matter even in respect of the students who have studied Tamil for a period of three academic years. No costs. Consequently, W.M.P.No.37121 of 2016 is closed.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar sasi To:
1. The Principal Secretary Government of Tamil Nadu 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 Chief Educational Office Salem.
+1cc to Mr.B.Ravi Raja, Advocate, S.R.No.309 +1cc to the Government Pleader, S.R.No.819 W.P.No.43280 of 2016 UG(CO) CA(11/01/2017)