TAMIL NADU TAMIL AND ENGLISH SCHOOLS ASSOCIATION REGD NO 17/94 NO 5 M P AVENUE MAJESTIC COLONY SALIGRAMAM MADRAS 93 Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) . The State of Tamil Nadu passed G.O.Ms. No. 6 (School Education C2 Department), dated 13.1.1999, to the effect that from the academic year 1999.2000 all the nursery and elementary Schools shall teach at least two out of three subjects i.e. Social Studies (History and Geography) Mathematics and Science through the medium of Tamil, apart from teaching Tamil as a subject. The Government Order imposed some more conditions and announced certain concessions. It is necessary that the English translation of the said Government Order, as furnished by the State has to be quoted: GOVERNMENT OF TAMIL NADU ABSTRACT Elementary Education-Tamil as Medium of Instruction in Nursery and Elementary Schools-Implementation/Orders Issued. SCHOOL EDUCATION, (C2) DEPARTMENT G.O.Ms. No. 6 Dated: l3.l.1999 Read: 1. Letter (Ms.) No. 377, School Education, dated 28.8.1997 2. G.O.(Ms.) No. 421, School Education, dated 27.11.1998 ORDER The following orders are issued in continuation of the orders issued in G.O.Ms. No. 421, School Education Department, dated 7.11.1998. 1. The Government direct that from the academic year 1999-2000, at least two out of three subjects, that is, Social Studies (History and Geography), Maths, and Science shall be taught through medium of Tamil apart from teaching Tamil as a subject in Nursery and Elementary Schools. 2. From the ensuing Academic Year, Recognition for the Nursery and Elementary Schools which are already approved by this Government will be renewed only to those Schools which teach two out of three subjects mentioned above through the medium of Tamil. 3. Apart from giving 50% concession towards the recognition fees as specified in the G.O. second read above, the students who study in those Nursery and Elementary Schools which teach through medium of Tamil, will be issued Text Books free of cost. (By order of the Governor) M.A.Gowrishanker, Secretary to Government."

(2.) THE validity of the said Government Order viz., G.O.Ms. No. 6 (School Education C2 Department), dated 13.1.1999 was questioned on various grounds by some Nursery and Primary Schools (nine in number), all functioning in one District viz., Tirunelveli District by filing Writ Petitions i.e. W.P. No. 5313 of 1999 etc.,.

(3.) A High Level Committee (hereinafter referred to as the committee) headed by Mr Justice S.Mohan submitted its recommendations somewhere in June, 1999 to the State of Tamil Nadu. Thereafter, the State of Tamil Nadu passed the impugned Government Order viz., G.O.Ms. No. 324 ( School Education (C2) Department), dated 19.11.1999. The full text of the said Government order, as translated by the State of Tamil Nadu in English necessarily has to be quoted: GOVERNMENT OF TAMIL NADU ABSTRACT Education-Committee constituted for Introduction of Tamil as Medium of Instructions from Primary to Higher Level Orders on the Recommendations of the Committee-Issued. SCHOOL EDUCATION (C2) DEPARTMENT G.O.Ms. No. 324 Dated: 19.11.1999 Read: 1. G.O.Ms. No. 6, School Education, dated 13.1.1999 2.G.O.Ms. No. 1 17, School Education, dated 3.5.1999 ORDER Based on the representations received from the Tamil Scholars, a Committee headed by Mr.Justice S.Mohan was constituted to study the introduction of Tamil as a medium of instruction from the Primary level to the Higher level. This Committee after discussions with the Tamil Scholars we well as with the Public, submitted its recommendations to the Government. The Government have examined the recommendations of the Committee carefully. The views of the Anglo-Indian and Matriculation School Boards were also obtained. After examining the views of the Matriculation and Anglo Indian School Boards, the Government pass the following orders:- 1. Court has upheld the validity of the executive orders on the policy of the Government on the medium of instruction. The Government consider that it is not necessary to enact any legislation on this. Orders on the language policy of the Government will continue to be pronounced through Government orders; 2. In all Schools (Matriculation Schools, State Government Schools, Aided and Unaided recognised Schools) Tamil or Mother tongue shall be the first language. 3. In all schools from classes 1 to 5 (Matriculation and Schools with the State Board Syllabus) Tamil or mother-tongue shall be the medium of instruction. 4. The change over to Tamil/mother tongue medium shall be completed within a period of three years. From 2000-2001 onwards, Tamil or Mother tongue shall be the medium of instruction in the first standard and this shall be extended to higher classes in a phased manner. 5. Students who studied in unapproved/unrecognised schools or through private study shall be admitted to Classes upto 6 based on their performance in the entrance test conducted at the school level itself. 6. Tamil or mother-tongue shall also be specified as Medium of instruction in the Matriculation School Board Rules, orders amending the rules of the Matriculation Schools in this regard will be issued separately for students from VI Standard. 7. The first language in all Government aided, unaided approved and Matriculation Schools shall be specified as Tamil or Mother tongue. (By order of the Governor) M.A. Gowrishankar, Secretary to Government. The abovesaid order (i.e.) G.O.Ms. No. 324 (School Education C2 Department) dt. 19.11.1999 is impugned in all these writ petitions.