LAWS(SC)-2011-6-35

STATE OF TAMIL NADU Vs. M. SESHACHALAM

Decided On June 14, 2011
STATE OF TAMIL NADU Appellant
V/S
M. Seshachalam Respondents

JUDGEMENT

(1.) Leave granted.

(2.) Amendments to, principle or subordinate legislation either by executive decisions or by legislative Act should normally have one paramount consideration in mind, that is, the persons who are going to be affected by such amendment. In other words, legislative impact is one aspect which always should be examined by the Government concerned before it takes any decision which is likely to affect a larger section of the society. The legislative amendment in the present case is one such example which is bound to have upon its implementation great impact upon the education system (primary and middle) as well as the lakhs of students for whose benefit there is dispensation of education by the Government in the State of Tamil Nadu.

(3.) The Division Bench of the Madras High Court vide its judgment dated 30th April, 2010, while granting reliefs to the Petitioners and issuing certain directions concluded as under: