S. PAUL PRINCE Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) It is the constitutional obligation of the State to provide early childhood care and education for all children until they complete the age of 6 years under Article 45 of the Constitution of India. Therefore, it is the bounden duty of every State Government to provide early childhood care and education for all children. In this direction only, the State Government has already established Anganwadi Centres to look after the children aged between 2years to 5 years, as per the Integrated Child Development Services Scheme (ICDS) which is the largest integrated early childhood programme for covering various Government Programmes namely, primary health care and education delivery systems for young children, adolescent girls and women from under privileged communities through Anganwadi Centres. The noble object of the scheme is to increase the literacy rate and to eradicate malnutrition by providing hot cooked meals to the children in the age group of 2 years to 5 years throughout the year.

(2.) In Tamil Nadu, as many as 54,439 Anganwadi Centres have been established with one Anganwadi Worker and one Anganwadi Helper in each centre to take care of the children in Anganwadi Centres by providing supplementary nutrition and non-formal free school education. In the said 2381 Anganwadi Centres, which are located within the premises of Government Middle Schools, the State Government decided to introduce Montessori Education based LKG and UKG classes for 52,933 children, who are to be benefitted. The Government of Tamil Nadu passed orders in G.O.Ms. No.89 Social Welfare and Nutritious Meal Scheme (SW7(1)) Department dated 11.12.2018 granting administrative approval. Based on the said approval, the Director of Elementary Education passed an order in Na.Ka. No. 021717/K3/2018 dated 09.01.2019 directing re- deployment of surplus Secondary Grade Teachers in the School Education Department to the Anganwadi Centres to teach LKG/UKG students. The said Government Order as well as the subsequent order of the Director of Elementary Education of deployment of surplus Secondary Grade Teachers in Government Schools are challenged by various Teachers' Associations as well individual teachers by these writ petitions.

(3.) Mr.Ajmal Khan, learned Senior Counsel, who led the argument on behalf of the petitioners would make the following submissions: