TAMIL NADU NURSERY PRIMARY MATRICULATION AND HIGHER SECONDARY SCHOOL MANAGEMENTS ASSOCIATION Vs. SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT CHENNAI

JUDGEMENT

(1.) The petitioner is Tamil Nadu Nursery Primary Matriculation and Higher Secondary School Management's Association represented by its General Secretary, Chennai. The petitioner has challenged the order of the 1st respondent made in G.O. Ms. No. 23 School Education (VI) Department dated 24-1-2000. By the said Government Order the 1st respondent directed that the students of the Matriculation Schools/Anglo Indian Schools appearing for the 10th standard examinations in science subjects during March-April, 2001 should obtain a minimum of 70 marks out of 200 marks in theory examination and a minimum of 35 marks out of 100 marks in practical examination.

(2.) The facts leading to the filing of the writ petition as could be culled out from the affidavit filed in support of the above writ petition are that the petitioner association is a registered association and the main aim and object of the association is to provide high standard education to the nursery, primary, matriculation and higher secondary level through private management schools in the State of Tamil Nadu. Several members of the petitioner association are minority by their character and they are running the school from nursery level to higher secondary level. According to the petitioner that the Matriculation Schools in the State of Tamil Nadu are separate entities of their own and these Matriculation Schools were under the control of University of Madras as they were affiliated with the University of Madras. When the Madurai Kamaraj University came into existence in the year 1976, the syndicate of Madras University decided that the University need no longer the control of the Matriculation Schools and the control may be taken by the State Government. The State Government after the consideration has taken over the management of the Matriculation Schools. Accordingly, a separate Board called Board of Mariculation Schools was formed and the Director of School Education was named as the Chairman of the Board in G. O. Ms. No. 2816 Education dated 29-11-76. In G. O. Ms. No. 1720 Education dated 25-7-77 the Board of Matriculation Schools was constituted and the terms and conditions and functions of the Board was also defined. In accordance with the above decision, an Inspectorate of Matriculation Schools was also formed in G. O. Ms. No. 2678 Education dated 29-12-77. It is further alleged in the affidavit that the Matriculation Schools were allowed to retain their structures and they were permitted to levy fees and they were not allowed to receive any grant. The Matriculation Schools were free to adopt their own curriculum and make innovations suitable to their needs. However, from the academic year 2000 for 10th standard a common curriculum and common public examination are being adopted by the State Government. Subsequently, after the introduction of 10+2 pattern, Matriculation Schools were also allowed to have the +2 course and the curriculum and examination are common to that of the State Board students. In the result, the scheme of examination as far as the Matriculation Schools are concerned is that they can have their own curriculum and examination except 10th standard for which common examination is separately conducted by the Director of Government Examination. Similarly, +1 and +2 examinations were also conducted by the State. As far as the Matriculation 10th standard is concerned, there are 11 subjects each will be consisting of maximum of 100 marks till the impugned order was passed. The subjects/papers with maximum marks and minimum marks prescribed for a pass in each subject prevalent is stated below:- X STANDARD MATRICULARATION BOARD SUBJECT MAX. MARKS PASS Part I English Paper I 100 70 Paper II 100 Part II Language Paper I 100 70 Paper II 100 Part II 1. Mathematics Paper I 100 Paper II 100 70 2. Science I 100 3. Science II 100 Science I and II Practicals 100 105 4. History and Civics 100 5. Geography 100 70 Total 1100

(3.) As per the above system for awarding a pass in science I and science II and science I and II practicals, a student is expected to obtain 105 marks out of 300 marks put together in two theory papers and two practical papers. However, by the impugned Government Order, student who is taking examination during March-April, 2001 could be declared as pass in the science subject provided he obtains a minimum of 70 marks out of 200 marks in theory examination and a minimum of 35 marks in practical examination. The said introduction of new pattern for declaring a pass in science subject has adversely affected number of students who were admitted during the academic year 2000-2001 and are taking their examination to be held during March-April, 2001. Hence, the present writ petition.