State Of T.Nadu & Ors vs K Shyam Sunder & Ors

The State was also directed to indicate approved textbooks from which private unaided schools could choose suitable for their schools. The Court further directed the Government to amend the Act to say that the common/uniform syllabus was restricted to five curricular subjects, namely, English, Tamil, Mathematics, Science and Social Science which the schools were bound to follow, but not in respect of the co-curricular subjects. The aforesaid judgment was duly approved by this Court vide order dated 10.9.2010 while dismissing large number of SLPs filed against the same by a speaking order.

H. New academic session was to commence on 1.6.2011 and the Amendment Act 2011 came into force on 7.6.2011. A large number of writ petitions were filed challenging the said amendment. A Division Bench of the High Court vide order 7 dated 10.6.2011 stayed the operation of the Amendment Act 2011, but gave liberty to the State Government to conduct a detailed study of the common syllabus and common textbooks and further clarified that the State Government would be entitled to add, modify, substitute or alter any chapter, paragraph or portion of the textbooks etc. and further permitting the managements of private schools to submit their list of books for approval to the Government.

4. Per contra, Shri T.R. Andhyarujina, Shri Basava Prabhu S. Patil, Shri R. Viduthalai, Shri Dhruv Mehta, Shri M.N. Krishnamani and Shri Ravi Verma Kumar, Sr. Advocates and Shri Prashant 1 Bhushan and Shri N.G.R. Prasad, Advocates appearing for the respondents have submitted that the Amendment Act is a political fall out due to change of Government. The new Government was sworn in on 16.5.2011. The Cabinet on 22.5.2011 decided not to implement the uniform education system which was purely a political decision as there was no material before the Cabinet on the basis of which it could be decided that implementation of the Act 2010 was not possible. The academic session which had to start on 1.6.2011 was postponed extending the summer vacation upto 15.6.2011 vide order dated 25.5.2011. The decision of the Cabinet was challenged before the High Court by filing writ petitions on 1.6.2011 and during the pendency of the said cases, the Amendment Act 2011 was passed hurriedly, that was a totally arbitrary and unwarranted exercise underlined by sheer political motives. The Amendment Act 2011 was promulgated on 7.6.2011 itself with retrospective effect i.e. with effect from 22.5.2011, the date of decision of the Cabinet, not to implement the Act 2010.

The appeals lack merit and are liable to be dismissed.

Tuition fee should not be charged from any child, as it would meet the expectations of parents with average income and they would be able to send their children to such schools. The recommendations by the Kothari Commission were accepted and reiterated by the Yashpal Committee in the year 1991. It was in this backdrop that in Tamil 1 Nadu, there has been a demand from the public at large to bring about a common education system for all children.

15. There are claims and counter claims on each factual aspect and the High Court has dealt with each issue elaborately, in our opinion, to an unwarranted extent. However, before we proceed further, it may be necessary to examine the legal issues:-

validation statute. But where the factual or legal situation is retrospectively altered by an act of legislature, the judgment stands, unless reversed by an appeal or review. Bringing a legislation in order to nullify the judgment of a competent court would amount to trenching upon the judicial power and no legislation is permissible which is meant to set aside the result of the mandamus issued by a court even though, the amending statute may not mention such an objection. The rights embodied in a judgment could not be taken away by the legislature indirectly.

CASE ON MERITS:

(Emphasis added)

67. If one crore twenty lacs students are now to revert back to the multiple syllabus with the syllabus and textbooks applicable prior to 5 2010 after the academic term of 2011-12 has begun, they would be utterly confused and would be put to enormous stress. Students can not be put to so much strain and stress unnecessarily. The entire exercise by the Government is therefore arbitrary, discriminatory and oppressive to students, teachers and parents.

The State Government should have acted bearing in mind that "destiny of a nation rests with its youths". Personality of a child is developed at the time of basic education during his formative years of life. Their career should not be left in dolorific conditions with uncertainty to such a great extent. The younger generation has to compete in global market. Education is not a consumer service nor the educational institution can be equated with shops, therefore, "there are statutory prohibitions for establishing and administering educational institution without prior permission or approval by the authority concerned."

70. To summarise our conclusions:

(x) The interim orders passed by the High Court were challenged before this Court and the appeals were disposed of by this court vide judgment and order dated 14.6.2011, issuing large number of directions including constitution of the Expert Committee which would find out ways and means to enforce the common education system.

(xix) The material produced by the respondents before this Court reveal that norms had been made known and the NCF 2005 was also implemented by issuing Tamil Nadu Curriculum 2009.

Steps should have been taken to remove the discrepancy.

71. In view of the above, the appeals are devoid of any merit.

Facts and circumstances of the case do not present special features warranting any interference by this Court.

The appeals are accordingly dismissed. The appellants are directed to enforce the High Court judgment impugned herein within a period of 10 days from today.