IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18..07..2011 C O R A M The HONOURABLE MR. M.Y.EQBAL, CHIEF JUSTICE and The HONOURABLE MR. JUSTICE T.S. SIVAGNANAM W.P. Nos.12882, 12890, 13019, 13037, 13038, 13227, 13293, 13296, 13345, 13381, 13390, 13547, 16266 of 2011 & W.P.(MD).No.6143 of 2011 and M.P. Nos. 1, 1, 1, 1+2+3+5+6, 1, 1+2, 1+3+4, 1, 1+2+3 to 12, 1, 1+2 & 1 of 2011 W.P.No.12882 of 2011 K.Shyam Sunder, S/o.O.Kasirajan, No.7B/21, 2nd Lane, Appovu Gramani St., Mandaveli, Chennai – 600 028. .. Petitioner. Vs. 1. The State of Tamil Nadu, rep. by its Chief Secretary to Government, Government of Tamil Nadu, Fort St.George, Chennai – 600 009. 2. The Secretary to Government, Education Department, Fort St.George, Chennai – 600 009. 3. The Director of School Education, DPI Campus, College Road, Chennai – 600 006. R-4 M. Seshachalam, S/o. Manavalan Naidu, 3, SPTM Complex, Link Road, Panruti-607106. R-5 Manonmani, W/o. V. S. Sundarrajan, No.5, Inspector Jayaraj Street, Indira Nagar, Poonamallee, Chennai-56. R-6 Tamilnadu Nursery, Primary, Matriculation And Hr. Secondary Schools Managements Assn, Rep. By Its General Secretary Mr. D. Christdass, Old 64, New 122, T. P. Koil St. Triplicane, Ch-5. https://hcservices.ecourts.gov.in/hcservices/ R-7 N. Kanagasabai, S/o. A. Nallian, No.59, II Madley Road, T. Nagar, Chennai - 600 017. R-8 Federation Of Associations Of Matriculation Hr. Sec. Schools In Tamil Nadu, Rep. By Its General Secretary, S. K. Venkattasala Pandian, No.274/1, M.T.H Road, Villivakkam, Ch-49. R-9 Confederation Of Tamilnadu Minority Schools, Rep. By Its President, Fr Stanley Sebastian, No.72, Teachers Colony Errukanchery, Chennai-600 118. R-10 Association Of Matriculation Hr. Sec. Schools And Their Managements In Tamilnadu And Pondicherry, Rep. By Its General Secy. S. K. Venkattasala Pandian, No.274/1, M.T.H Road, Villivakkam, Ch-49. R-11 Federation Of Association Of Private Schools In Tamil Nadu, Rep. By Its President, Mrs. R. Visalakshi, Palamalai Road, Perianaickenpalayam, Coimbatore-641 020. R-12 Sri T. Sanjeeva Rao, 35/18, 15th Street, Ashok Nagar, Chennai-83. R-13 Siddhu Matriculation Higher Sec. School, No.5, Vijayalakshmi Theatre Road, Viswanathapuram, Madurai-14. Rep. By Its Secretary Siddharatha Jeganathan. R-14 Private Schools Correspondents Confederation, 62, D.R.O. Colony Road, K. Pudur, Madurai-7. Rep. By Its Joint Secretary Siddhartha Jeganathan. R-15 Tamilnadu Nursery Primary Matriculation And Hr. Sec. Schools Associations, No.49, Old Post Office Street, Koratur-600 080. Rep. By Its General Secretary K. R. Nandakumar. R-16 M. Venkatachalam, S/o. M. Murthy Naidu, 7/3, Venkatachalam Mudali Street, Purasaiwalkam, Chennai-7. (R4 To R16 Impleaded As Per Order Dated 10/06/11 In MP.2 To 14/2011 In WP.No.12882/2011) .. Respondents. https://hcservices.ecourts.gov.in/hcservices/ W.P.No.12890 of 2011 M.Seshachalam, S/o.Manavalan Naidu, 3, SPTM Complex, Link Road, Panruti – 607 106. ..Petitioner. Vs. 1. The State of Tamil Nadu, rep. by its Chief Secretary, Government of Tamil Nadu, Fort St.George, Chennai – 600 009. 2. The Secretary to Government, Education Department, Fort St.George, Chennai – 600 009. 3. The Director of School Education, DPI Campus, College Road, Chennai – 600 006. ..Respondents. W.P.No.13019 of 2011 Tamil Nadu Recognized Aided Private School Manager’s Association, Regn.No.11/99, 37, Trivandrum Road, Palayamkottai, Tirunelveli – 627 002. Rep. by its General Secretary Thiru.J.L.Pandian. ..Petitioner. Vs. 1. The State of Tamil Nadu, rep. by its Chief Secretary, Secretariat, Chennai – 600 009. 2. The State of Tamil Nadu, Rep. by its Secretary, School Education Department, Secretariat, Chennai – 600 009. https://hcservices.ecourts.gov.in/hcservices/ 3. The Director of School Education/ The Chairperson, State Common Board of School Education, DPI Campus, College Road, Chennai – 600 006. ..Respondents. W.P.No.13037 of 2011 K.Suresh, S/o.Karuvelam, Secretary Chennai District – Human Rights Protection Centre – TN, 391, Law Chambers, High Court Campus, Chennai – 600 104. ..Petitioner. Vs. 1. The State of Tamil Nadu, Rep. by its Chief Secretary, Government of Tamil Nadu, Fort St.George, Chennai – 600 009. 2. The School Education Department, Rep. by its Secretary to Government, Fort St.George, Chennai – 600 009. 3. The Director of School Education, DPI Campus, College Road, Chennai – 600 006. 4. The Director, News and Public Relations Department, Fort St.George, Chennai – 600 009. 5. Tamil Nadu Text Book Corporation, Rep. by its Managing Director, No.68, College Road, DPI Campus, Chennai – 600 006. 6. State Common Board of School Education, Rep. by its Chairperson – cum – Ex-Officio Member, The Director of School Education, DPI Campus, College Road, Chennai – 600 006. ..Respondents. https://hcservices.ecourts.gov.in/hcservices/ W.P.No.13038 of 2011 P.B.Prince Gajendra Babu, General Secretary, State Platform for Common School System, No.14A, Solaiappan Street, T.Nagar, Chennai – 17. ..Petitioner. Vs. 1. State of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Fort St.George, Chennai – 600 009. 2. The Director of School Education, DPI Campus, College Road, Chennai – 600 006. 3. The Director of Matriculation Schools, DPI Campus, College Road, Chennai – 600 006. 4. The Director of Elementary Schools, DPI Campus, College Road, Chennai – 600 006. 5. The Member Secretary, State Common Board of School Education and Joint Director of School Education (Secondary), Chennai – 600 006. 6 A. Marx, 7 Thiruvalluvar Vazhvial Mandram (Regd. As 624 Of 2010) Rep. By Its President Thiru T. Kuppusamy. (RR6 & 7 Impleaded As Per Order Of This Court Dated 10/06/11 In MP.2 & 3/11 In WP.13038/11) ..Respondents. W.P.No.13227 of 2011 I.P.Kanagasundaram, No.169, Senthamizh Nagar, Chinna Kancheepuram, Kancheepuram District. ..Petitioner. https://hcservices.ecourts.gov.in/hcservices/ Vs. The State of Tamil Nadu, Rep. by its Secretary to Government, Education Department, Fort St.George, Chennai – 600 009. ..Respondent. W.P.No.13293 of 2011 Navabharath Matriculation School Students and Parents Association (Regd. as 624 of 2010), Rep. by its Secretary Mr.P.Ravi, No.14A, Solaiappan Street, T.Nagar, Chennai – 17. ..Petitioner. Vs. 1. The State of Tamil Nadu, Rep. by its Principal Secretary, School Education, Fort St.George, Chennai – 600 009. 2. The Director of School Education, DPI Campus, College Road, Chennai – 600 006. 3. The Director of Matriculation Schools, DPI Campus, College Road, Chennai – 600 006. 4. The Director of Elementary Schools, DPI Campus, College Road, Chennai – 600 006. 5. Member Secretary, State Common Board of School Education and Joint Director of School Education (Secondary), Chennai – 600 006. .. Respondents. W.P.No.13296 of 2011 V.Venkatesan, S/o.Vaithilingam, President, Parents Union for Students Educational Rights, 702/5, Junction Road, Virudhachalam, Cuddalore District – 606 001. ..Petitioner. https://hcservices.ecourts.gov.in/hcservices/ Vs. 1. The State of Tamil Nadu, Rep. by its Chief Secretary to Government, Government of Tamil Nadu, Fort St.George, Chennai – 600 009. 2. The Secretary to Government, Education Department, Fort St.George, Chennai – 600 009. 3. The Director of School Education, DPI Campus, College Road, Chennai – 600 006. 4. The Director, News and Public Relations Department, Fort St.George, Chennai – 600 009. 5. Tamil Nadu Text Book Corporation, Rep. by its Managing Director, No.68, College Road, DPI Campus, Chennai – 600 006. 6. State Common Board of School Education, Rep. by its Chairperson-cum-Ex-Officio Member, The Director of School Education, DPI Campus, College Road, Chennai – 600 006. ..Respondents. W.P.No.13345 of 2011 Minor P.Raj, S/o.Mr.S.Palani, rep. by his Father & Natural Guardian Mr.S.Palani, No.68, Bharathiar Street 1st Lane, Madavaram, Chennai – 600 090. ..Petitioner. Vs. 1. The State of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Secretariat, Fort St.George, Chennai – 600 009. https://hcservices.ecourts.gov.in/hcservices/ 2. The Director of School Education, DPI Campus, College Road, Chennai – 600 006. 3. The Director of Elementary Education, DPI Campus, College Road, Chennai – 600 006. 4. The Tamil Nadu Text Book Corporation, Rep. by its Managing Director, 3rd Floor, EVK Sampath Maaligai, DPI Campus, 68, College Road, Chennai – 600 006. ..Respondents. W.P.No.13381 of 2011 P.B.Prince Gajendra Babu, General Secretary, State Platform for Common School System, No.14A, Solaiappan Street, T.Nagar, Chennai – 17. ..Petitioner. Vs. 1. State of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Fort St.George, Chennai – 600 009. 2. The Director of School Education, DPI Campus, College Road, Chennai – 600 006. 3. The Director of Matriculation Schools, DPI Campus, College Road, Chennai – 600 006. 4. The Director of Elementary Schools, DPI Campus, College Road, Chennai – 600 006. 5. The Member Secretary, State Common Board of School Education and Joint Director of School Education (Secondary), Chennai – 600 006. 6 G. Martin, 7 B. Subramanian, https://hcservices.ecourts.gov.in/hcservices/ 8 S. Kandhan, 9 Ponnusamy, 10 B. Renuka, 11 J. Jayasankar, 12 R. Mohanasundaram, 13 N. Madhu, 14 R. Baskaran, 15 D. Latha, (R6 To R15 Impleaded As Per Order Of This Court Dated 18/07/11 In MP.3 To 12/11 In WP.13381/11) ..Respondents. W.P.No.13390 of 2011 S.T.Manonmani, D/o.V.S.Sundarrajan, No.5, Inspector Jayaraj Street, Indira Nagar, Poonamalle, Chennai – 56. ..Petitioner. Vs. 1. The State of Tamil Nadu, Rep. by its Chief Secretary, Government of Tamil Nadu, Fort St.George, Chennai – 600 009. 2. The Secretary to Government, School Education Department, Government of Tamil Nadu, Fort St.George, Chennai – 600 009. 3. The Director of School Education, DPI Complex, College Road, Chennai – 600 006. .. Respondents. W.P.No.13547 of 2011 M.Seshachalam .. Petitioner https://hcservices.ecourts.gov.in/hcservices/ Vs. 1.The State of Tamil Nadu, Rep. by its Chief Secretary, Government of Tamil Nadu, Fort St.George, Chennai – 600 009. 2. The Secretary to Government, School Education Department, Government of Tamil Nadu, Fort St.George, Chennai – 600 009. 3. The Director of School Education, DPI Complex, College Road, Chennai – 600 006. .. Respondents. W.P.No.16266 of 2011 S.T.Manonmani, D/o.V.S.Sundarrajan, No.5, Inspector Jayaraj Street, Indira Nagar, Poonamalle, Chennai – 56. ..Petitioner. Vs. 1. The State of Tamil Nadu, Rep. by its Chief Secretary, Government of Tamil Nadu, Fort St.George, Chennai – 600 009. 2.The Secretary to Government, School Education Department, Government of Tamil Nadu, Fort St.George, Chennai – 600 009. 3. The Director of School Education, DPI Complex, College Road, Chennai – 600 006. 4. The Committee constituted by State Government to Implement Supreme Court order dated 14.06.2011 Rep. by its Chief Secretary, Fort St. George, Chennai – 600 009. .. Respondents. https://hcservices.ecourts.gov.in/hcservices/ W.P.(MD)No.6143 of 2011 Dr. Haresh Kumar ..Petitioner. Vs. 1. State of Tamil Nadu, Through the Chief Secretary, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai – 600 009. 2. The Secretary to Government, Department of School Education, Secretariat, Fort St.George, Chennai – 600 009. .. Respondents. - - - - - PRAYER W.P.No.12882 of 2011 Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus to direct the respondents to continue with the Samacheer Kalvi in the Academic Year 2011-2012 as per the Tamil Nadu Uniform System of School Education Act, 2010 (TN Act 8/2010). W.P.No.12890 of 2011 Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus to direct the 1st and 2nd respondents to implement the Tamil Nadu Uniform System of School Education Act, 2010 for the academic year 2011-2012 uninfluenced by the Cabinet decision dated 22.05.2011. W.P.No.13019 of 2011 Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus to direct the respondents to implement the Tamil Nadu Uniform System of School Education Act, 2010 for the academic year 2011-2012 uninfluenced by the Cabinet decision dated 22.05.2011. W.P.No.13037 & 13296 of 2011 Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Declaration declare Section of the Tamil Nadu Uniform School System Education (Amendment) Act, 2010 (Act No.10 of 2011) as Null and Void as unconstitutional and Ultra Vires to the Mandatory provisions of the Right of Children to Free and Compulsory Education Act, 2010 and direct the respondents to implement https://hcservices.ecourts.gov.in/hcservices/ and follow common syllabus and text books from the academic year 2011-2012 and for forth coming academic years. (Prayer amended as per order of this Court dated 10.6.2011 in MP.2 and 4/2011 in WP.No.13296/2011) W.P.No.13038 of 2011 Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus to direct the respondents to continue with the existing Uniform Textbooks and Uniform Syllabus for all classes from this academic year i.e., 2011 – 2012. W.P.No.13227 of 2011 Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus to direct the respondent to implement Section 3 of the Tamil Nadu Uniform System of School Education Act, 2010 (Tamil Nadu Act 8 of 2010). W.P.No.13293 of 2011 Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents to continue with the existing Uniform Textbooks and Uniform Syllabus for all classes from this academic year i.e. 2011-2012. W.P.No.13345 of 2011 Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus to direct the respondents to implement the system of uniform education from the Academic Year 2011-2012 as per the provisions of Section 3(b) of the Uniform System of Education Act, 2010 (Act 8 of 2010). W.P.No.13381 of 2011 Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Declaration to declare Section 3 of the Tamil Nadu Uniform System of School Education (Amendment) Act, 2011 as unconstitutional and ultra vires to Article 14 and 21 of the Constitution of India. W.P.No.13390 of 2011 Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Declaration to declare that the substituted Section 3 of the Tamil Nadu Uniform System of School Education (Amendment) Act, 2011 as ultra vires the Constitution, besides nullifies the judgment of the Hon’ble Court made in W.P.No.3051 of 2010 & Batch dated 30.04.2010, and against the long-term education policy https://hcservices.ecourts.gov.in/hcservices/ envisaged by the Full Bench of this Hon’ble Court, reported in 2000 (2) CTC Page 344 and in Paragraph – 25, and hence liable to be struck down. W.P.No. 13547 of 2011 Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Declaration to declare that the substituted Section 3 of the Tamil Nadu Uniform System of School Education (Amendment) Act 2011 is ultra vires the Constitution and against the long-term education policy and hence is liable to be struck down. W.P.No.16266 of 2011 Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Declaration to declare that the constitution of the committee by the State Government and its report dated nil and submitted before this Hon'ble Court on 05.07.2011 are not in accordance with the directions of the Hon'ble Supreme Court made in SLP.No.16149 to 16162 of 2011, dated 14.06.2011, and therefore, invalid in the eyes of law and does not reflect the actual objections to the syllabus and text book materials prepared by the Board constituted under Section 5 of the Principal Act, and consequently to reject the said report and accept the syllabus and Text Books framed by the Board prior to the impugned Amendment Act, 2011 and direct the Board to release the list of approved multiple text books and the Board's text books for classes II to V and VII to X for the academic year 2011-12. W.P.(MD) No.6143 of 2011 Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents to implement the Tamil Nadu Uniform System of School Education Act, 2010 for the Academic Year 2011. - - - - - For Petitioners : Mr.K.Balu for M.Gnanasekar in W.P.No.12882/2011 Mr.S.Prabakaran for Mr.Asuvathaman in W.P.No.12890/2011 and in W.P.No.13547/2011 Ms.M.Alaigai Magal Cauvery in W.P.No.13019/2011 Mr.T.Mohan for Mr.P.G.Thiyagu & Mr. S.Jim Raj Milton in W.P.No.13037/2011 Mr.N.G.R.Prasad for Mr. R.Rajaram in W.P.Nos.13038 &13381/2011 Mr.V.Selvaraj in W.P.No.13227/2011 Mr.P.B.Suresh Babu in W.P.No.13293/2011 Mr.G.Purushothaman for Mr.A.Suresh Shakthi Murugan https://hcservices.ecourts.gov.in/hcservices/ in W.P.No.13296/2011 Mr.P.Nethaji in W.P.No.13345/2011 Mr.R.Viduthalai Senior counsel for Mr.K.T.Shankara Subramanian in W.P.Nos.13390&16266/2011 Mr.R.Arunkumar in W.P(MD) No.6143/2011 For Respondents : Mr.P.P.Rao, Senior Counsel Mr.A.Navaneethakrishnan, Advocate General Mr.Gurukrishnakumar, Addl. Advocate General and Mr.Subramaniam Prasad, Assisted by Mr.E.Sampathkumar, Spl. G.P. (Education) for RR1-3 in all W.P.No.12882/2011 and Respondents in all W.Ps. Mr.Asuvathaman for RR4 & 5 in W.P.No.12882/2011 Mr.R.Sureshkumar for R6 in W.P.No.12882/2011 Mr.S.Kadarkarai for R7 in W.P.No.12882/2011 Mr.R.Krishnamoorthy, for Mr.V.P.Sengottuvel for RR8 &10 in W.P.No.12882/2011 Mr.N.R.Chandran Senior counsel for Mr.V.P.Sengottuvel for RR9 in W.P.No.12882/2011 Mr.Chenthoori Pugazendhi for R11 in W.P.No.12882/2011 Mr.R.Subramaniam for R12 in W.P.No.12882/2011 Mr.Siddharatha Jeganathan for R13 in W.P.No.12882/2011 Mr.S.Silambanan, Senior Counsel & K.M.Vijayan, Senior counsel for M/s.Profexs Associates for RR14&15 in W.P.No.12882/2011 Mr.S.Silambanan, Senior counsel for Mr.N.Umapathi for R16 in W.P.No.12882/2011 Mr.R.Muthukumaraswamy, Senior counsel for Mr.U.Bharanidharan in M.P.Nos.3 to 12 in W.P.No.13381/2011 - - - - - O R D E R THE HON'BLE THE CHIEF JUSTICE & T.S. SIVAGNANAM, J. About one crore twenty three lakh school children of Standards I to X in the State of Tamil Nadu are without any textbooks and syllabus, and along with their parents, they are in a dilemma as to whether the Uniform Syllabus, which was to commence as per the Tamil Nadu Uniform System of School Education Act, 2010, would be postponed https://hcservices.ecourts.gov.in/hcservices/ because of the amendment brought in the Act by the new Government immediately after coming into power, and also as to whether the textbooks as per the new syllabus got printed and made ready by spending about 200 crore rupees of public money by the erstwhile Government would be destroyed or disposed of. 2. Before arriving at any conclusion as directed by the Supreme Court, we have to first discuss the brief history of the legislation. For the purpose of achieving social justice and quality education, the erstwhile Government enacted the Samacheer Kalvi Thittam, i.e., Uniform System of School Education Act, 2010 (hereinafter referred to as 'the Act of 2010') and introduced common syllabus, textbooks and examination for the four streams of education prevalent in the State. It is to be noted here that in the State of Tamil Nadu, there are four streams of school education namely, State Board Schools, Matriculation Schools, Oriental Schools and Anglo- Indian Schools and these schools have separate syllabus, textbooks and scheme of examinations and are under the control of different Boards, as a result of which the standard of education in these schools is not uniform. Therefore, the Government was of the view that it is indispensable to evolve a uniform system of school education in the State to ensure social justice and provide quality education in all the schools in the State. For this purpose, the Government constituted a committee under the Chairmanship of Dr. S. Muthukumaran, Former Vice-Chancellor of Bharathidasan University, to examine the possibilities of implementing a Uniform System of School Education. The Committee submitted its recommendations to the Government. The Government constituted a one Man Committee with Thiru.M.P.Vijayakumar I.A.S. (Retired) to look into the recommendations of the Dr.S.Muthukumaran Committee. The one Man Committee submitted its recommendations to the Government. It appears that a team of educationists under the Chairmanship of Thiru.M.P.Vijayakumar, I.A.S., visited the States of Kerala, Karnataka, Gujarat and Maharastra and reviewed the education system in those States and submitted its report on various matters regarding the school education. The Government, on a consideration of these reports, accepted the idea that all schools in the State should have a common syllabus, textbooks and examination system as only this will ensure social justice and provide quality education and accordingly enacted the Act 8 of 2010. 3. The Private Schools' Association from various districts challenged the aforesaid Act of 2010 on the ground that the Act interfered with the right of children to choose their preferred system of education and also on various other grounds. The vires of the aforesaid Act of 2010 has been upheld by a Division Bench of this Court by its judgment dated 30.4.2010 in W.P. Nos.3051 of 2010 and batch of cases (hereinafter referred to as 'the Division Bench judgment' for the sake of brevity). 4. The aggrieved parties moved the Supreme Court by filing Special Leave Petitions, which were ultimately dismissed and the judgment of the Division Bench attained finality. https://hcservices.ecourts.gov.in/hcservices/ 5. Section 3 of the Act of 2010 needs to be quoted herein below :- "3. (1) Every school in the State shall follow the common syllabus and textbooks as may be specified by the Board for each subject,- (a) in Standards I and VI, commencing from the academic year 2010-2011; (b) in Standards II to V and Standards VII to X from the academic year 2011-2012. (2) Subject to the provisions of sub-section (1), every school in the State shall,- (a) follow the norms fixed by the Board for giving instruction in each subject; (b) follow the norms for conducting examination as may be specified by the Board." 6. It is, therefore, manifest that the uniform syllabus and common textbooks for Standards I and VI shall be followed from the Academic Year 2010-2011 and for Standards II to V and VII to X, the uniform syllabus and common textbooks shall be followed from the Academic Year 2011-2012. Indisputably, the uniform syllabus and common textbooks for Standards I and VI are already being followed from the Academic Year 2010-2011. 7. After the judgment was pronounced by the Division Bench, it was submitted by the State counsel that the uniform syllabus and common textbooks for other classes may also be allowed to be followed from the Academic Year 2010-2011. On such submission made by the State counsel, the Division Bench made the following observations :- "After orders have been pronounced, the learned Additional Advocate General submitted that a great deal of industry and expenditure has gone into the preparation of textbooks and to postpone the introduction of Section 3 of the Act by one year will cause huge loss to the State. The learned Additional Advocate General has said that if some time is fixed in May, 2010, they would lay down the norms, would publish it in the website and would also make it known to the general public. 2. We accept this statement of the learned Additional Advocate General. But, however, in our judgment, we have held that a school has to have a choice of multiple textbooks. Therefore, we will allow the State to implement Section 3, as modified by us, from this year for Standard I to VI provided the Board fixes the norms before 15th May, 2010 and also gives the list of approved textbooks in every subject before that date. 3. Unless they give a list of approved textbooks before 15th May, 2010 so that the schools have a choice, our direction regarding the implementation of Section 3 of the Act from the next academic year will stand. https://hcservices.ecourts.gov.in/hcservices/ *[Amended as per the Order of this Court dt.5.5.2010 and made herein.]" 8. As noticed above, pursuant to the Division Bench judgment, the uniform syllabus and common textbooks were to be followed from the Academic Session 2011-2012 onwards, but in the meantime, a new Government came into power and took a decision to postpone the Uniform Education System for the time being and with that object in mind, brought an Amendment in Section 3 of the parent Act by enacting the Tamil Nadu Uniform System of School Education (Amendment) Act, 2011. By the aforesaid Amendment Act, Section 3 of the parent Act was substituted and it now reads as follows :- "2. For Section 3 of the Tamil Nadu Uniform System of School Education Act, 2010 (hereinafter referred to as the principal Act), the following section shall be substituted, namely :- 3. Schools to follow common syllabus (1) Every school in the State shall follow the common syllabus as may be specified by the Board for each subject in Standards I to X from such academic year as may be notified by the Government in the Tamil Nadu Government Gazette. The Government may specify different academic years for different Standards. (2) Until notification under sub-section (1) is issued, the syllabus and text books for every school in the State shall be as follows:- (a) in Standards I and VI, the system as prevailing prior to academic year 2010-2011 shall continue; and (b) in Standards II to V and VII to X, the existing system shall continue." 9. As against the aforesaid Amendment, several writ petitions have been filed,