IN THE HIGH COURT OF JUDICATURE AT MADRAS (Special Original Jurisdiction) W.P. No.

OF 2010

Kancheepuram District Self Financing Schools Association Chrompet, CHENNAI-600 044. Rep by its Secretary S.Princebabu Rajendran ...Petitioner -Vs1. . The State of Tamilnadu, Rep. by its Principal Secretary to Government, School Education Department, Fort St. George, Chennai – 600 009. 2. The Director of Tamil Nadu Matriculation Schools, College Road, Chennai-600 006.

...Respondents

AFFIDAVIT ON BEHALF OF THE PETITIONER I S. Princebabu Rajendran, S/o. Sri.M.Samuvel, Hindu, aged about 47 follows:1. I am the Secretary of the Kancheepuram District Self Financing years,

Chrormepet, Chennai-44 do hereby solemnly affirm and sincerely state as

Schools Association the Petitioner herein and as such I am well acquainted with the facts of the above case. I am filing this Affidavit on behalf of the Petitioner herein. 2. The Petitioner Association is an organization formed to espouse the The Petitioner has members. The Petitioner

cause of the Matriculation Schools functioning in the Kancheepuram District in the state of Tamil Nadu. Association has been duly registered as a Society under the Provisions of the Tamil Nadu Societies Registration Act, 1975 as amended by Tamil Nadu Act 15 of 2002. The registration No is S. No.40/2010.

Page No.1 No. of corn-

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3. The Petitioner humbly submits that the Governor of Tamil nadu promulgated Ordinance 4 of 2009 namely Tamilnadu Uniform System of School Education Ordinance 2009 , to provide for uniform system of school education in the State avowedly to ensure social justice and to provide quality of education . The said Ordinance was passed by the State Assembly as the Tamilnadu Uniform System of School Education Act, 2010. . The preamble to Tamilnadu Uniform 4 System of School Education Act, 2010 to the states that at present there are

streams of school education in the State of Tamilnadu, namely Matriculation, Oriental, State Board, and Anglo-Indian . These streams have separate syllabus, textbooks and scheme of education and are under the control of different Boards of Control . The preamble proceeds to state that on account of this there is no uniformity in the standard of education and that the Government is of the view that in order to ensure social justice and to provide quality education in the state it is necessary to have uniform system of education in the state . Pursuant thereto the Government constituted a committee to examine the issue and submit a report and after studying the report the one man committee made recommendation to the government and a team after visiting 4 states also submitted a report on the administrative set up of the school education department and Boards of education , examination systems and evaluation methods adopted by those states and the government after studying the reports accepted the idea that all schools having common syllabus , text books and examination system will passing the said Act . 4. The petitioner humbly submits that the “Tamilnadu Uniform System of ensure social justice and provide quality education and accordingly decided to implement the uniform system of school education by

School Education Act, 2010” infringes the rights of the private unaided institutions and the members of the Association of Matriculation Schools. 5. the The number of schools, students and teachers in schools functioning 2009 Statistics there are 4100 Matriculation schools and over 27 lakh

under the various boards in the State of Tamilnadu are as given below . As per teachers in the said schools.

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TYPE OF BOARD

NO OF SCHOOLS

NO OF STUDENTS 11,26,212 041,986 6,205 35,74,402

TEACHER STRENGTH 50,740 1,081 170 94,518

1. 2. 3. 4.

Matriculation Board Anglo Indian Board Oriental Board State Board Board

1421 29 10 of2990 of75

Education 5. Central 6.

Details are not available

Secondary Education ICSE , International the CBSE4,523 47,48,805 1,46,509 Board Total ( excluding Board, ICSE , International Board ) (Statistics supplied by the School Education Department as per 2005-06 academic year ).The number of schools has increased considerably in the last 4 to 5 years. 6. The Schools coming under the different Boards of Education are

distinct, unique and have their own identity. The salient feature of the school education in Tamilnadu is the prevalence of various Boards of Education giving wide choice of systems of education to parents and students. Each Board adopts its own system of education with different teaching methods, curriculum , languages, sport activities , co-curricular activities and extra Curricular activity, religious study on the basis of expert advice and after due deliberation by the managements of the respective schools . 7. The schools follow scientific method of teaching . The students have

good exposure to English language , Tamil and minority languages . The respective codes of Education of the Board of Matriculation , Oriental, State Board and the Anglo Indian System of education empower the affiliated schools to have their innovative system of education till the Class X. It is pertinent to point

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4 out that the Common Prescribed books are used after the introduction of the public exams at the Class X level in the state of Tamil nadu for the Matriculation, Oriental and Anglo-Indian schools. The Schools coming under the Matriculation, Oriental and Anglo-Indian Boards are autonomous except at the Higher Level of education at Class X level in following common Prescribed Books . 8. It is submitted that Act … of 2009 under the guise of rationalizing the

education and bringing about a common curriculum in the state has tried to encroach into the following rights of the Matriculation schools. 1. 2. 3. 4. 5. 6. 7. 9. Right to follow their own pattern of teaching, Training, imparting Right to have their own system of examination and evaluation of Right to have their own co-curricular activities and extra curricular Right to have their own innovative Systems of education and teaching Right to globalize and liberalize the system of Education Right to have infrastructure of their choice Right to maintain unique standard of education. It is significant to point out that the Matriculations schools are mostly education. Students upto standard IX. activities methods .

charitable institutions run by minorities , both linguistic and religious minorities. The Code of Matriculation, Oriental and Anglo-Indian Board has empowered the minorities to have the institutions of their choice . They enjoy autonomy in prescription of books, curriculum as enshrined in Article 29 and 30(1) of the Constitution . The following rights enjoyed by the institutions of linguistic and religious minority has been recognized for many years. 1. 2. 3. 4. 5. They were empowered to have their religious education or moral Religious instructions can be taught without any restriction The religious instruction shall form as a part of daily affairs of the To propaganda religious faith and profess of Religious ideas Any recognized Script , Language, form of language can be taught

science as a subject in the curriculum

institution.

without restriction.

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5 6. 8. No compulsion inflicted on the students to have a particular language Equip the Student studying in the Tamilnadu to have his/her

as a subject. education continued in any other part of country It is necessary to take into consideration the history of 4 the streams and its special features for the better appreciation of the identity enjoyed institutions. I)Matriculation Schools 10. It is submitted that the Matriculation Schools in the State of Tamil Nadu were originally affiliated to the Madras University. When Madurai Kamaraj University was established, the Matriculation Schools in that area were transferred from Madras University to Madurai Kamaraj University for Affiliation. Later at the instance of the Madras University, the Government of Tamil Nadu transferred the Matriculation Schools to the control of Director of School Education with a separate Board of Matriculation Schools, by G.O.Ms.No.2816 Education Department dt.29.11.1976. It is submitted that subsequent to adoption of Code of Regulations for Matriculation Schools, Tamil Nadu with effect from 22.09.1980 the Matriculation schools are governed by the said code. 11. It is submitted that Matriculation Schools are allowed to retain their by the

original structure and hence they are permitted to fix the fees to be charged from the students and as such they are not eligible for any grant. The Matriculation Schools have the freedom to adopt their own curriculum and make innovations to meet the challenges of the modern world . During the last two academic years of the students ie IX and X standard they have to adopt a common curriculum as they have prepare their students for the public examinations. It is submitted that the Matriculation examination, which was formerly conducted by the University is now conducted at the end of Standard X by the Director of Government Examinations, who will also conduct the Higher Secondary Public Examination at the end of Standard XII for all types of schools . 12. It is submitted that the Government of Tamil Nadu by

G.O.Ms.No.188 School Education Department dt. 8.11.2001 decided to establish a separate Directorate of Matriculation Schools and directed all the Matriculation Schools in the State of Tamil Nadu to share the administrative cost of the department . It is submitted that the Government in its order in G.O.Ms.No.54

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6 School Education Department dt.30.04.2002 fixed the contribution for the

schools according to its pupil strength ranging from Rs.10,000/- to Rs.1,00,000/-. It is submitted that the Managements of Matriculation Schools are not getting any grant from the Government of Tamil Nadu. Therefore the Directorate of Matriculation Schools, established in the year 2002 is functioning out of the capital contributed by the Matriculation Schools in Tamil Nadu. 13. It is submitted that English alone has been the medium of instruction in the Matriculation Schools . It is submitted that the total number of students who wrote X standard Matriculation examinations during the Academic Year 20082009 is around 2,00,000 .The number of students from the Matriculation Schools in the state of Tamil Nadu who wrote XII standard Higher Secondary Public examinations during the Academic year 2008-2009 is around 1,60,000.

II)NURSERY AND PRIMARY SCHOOLS 14. It is humbly submitted that primary schools comprise Standards I to V.

Prior to that the children study for two years in classes known as Lower Kindergarten and Upper Kindergarten in Nursery Schools. Many primary and nursery schools were started during 1980 without any recognition. The Government in order to regulate all the unrecognized nursery and primary schools brought them under the control of the Director of Elementary Education and framed “the Code of Regulation for unrecognized Nursery and Primary Schools”, as per G.O.Ms.No.484 (Education Department), dated 24.4.1991.The said GO was subsequently amended in G.O.Ms.No.349, (Education Department), dated 31.3.1993. By these orders the approved nursery and primary schools are allowed to retain their original structure and they are also permitted to fix fees. They are not eligible for any grant in aid from the Government. As per Regulation 7 of the said Code, all the primary schools will continue to use English or Tamil or any other (minority) language as medium of instruction. 15. Under Regulation 7(a) Tamil should be taught compulsorily in all Nursery

Schools. By G.O.Ms.No.421 (Education Department), dated 27.11.1998 the Government issued orders to the effect that the nursery and primary Schools which are going to implement Tamil as medium of instruction in Part III subjects,

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7 will get fifty per cent concession in registration/renewal fee and entertainment fee. Subsequently, the Government of Tamil Nadu passed G.O.Ms.No.6 (School EdcuationC2 Department), dated 13.1.1999, directing that all Nursery and Primary Schools to teach two subjects out of Mathematics, Science and Social Studies (History and Geography) through the medium of Tamil and that approval for the schools requirements. III)THE ANGLO-INDIAN SCHOOLS 16. The petitioner submits that some where between 1820 and 1830, San Thome , an Orphanage , was established by a Portuguese by name Augustinian friar, Manuel de Ave Maria, Episcopal Administrator of the Diocese of Mylapore, for poor children of European parentage and Anglo-Indians. It is one of the oldest orphanages in India. At that time the orphans were accommodated in the lower portion of the ancient palace of the Portuguese Governor of San Thome, then the residence of the Bishop of Mylapore. A school was established for the orphans with just 15 inmates . But it marks the first step towards an institution for AngloIndian children. From then onwards thousands of Anglo-Indian children have benefited from this great institution. Before the Santhome High School was opened some time around 1886, the inmates of the orphanage attended St. Francis Xavier's Middle School and later the Santhome High School. In 19061907 Lord Curzon announced the new scheme of European education for the whole of India. His Lordship, Dr. Theotonius Emmanuel Ribeiro Vieira de Castro, then Bishop of Mylapore, decided to open a school separate from the Santhome High School for the benefit of Anglo-Indian children. Thus St. Bede's High School was born. The first batch of high school students from St. Bede's appeared for the European High School Examination in December 1909. Later the British recognized Anglo Indian Schools , Institutions and colleges basically to educate the descendants of Anglo – Indian Community who identified themselves as a British nationals. The Anglo-Indian Community consists of people from mixed British and Indian ancestry whose native language is English. will be granted subject to the fulfillment of the aforesaid

17.

The framers of the Constitution of India realised that a constitutional

protection is extended to Anglo Indian institutes. Article 337 of the Constitution ensured educational grnts for the benefit of anglo Indian community for 10 years from the framing of the constitution . The State government passed the Code of Regulation for Anglo-Indian Schools, Tamilnadu for protecting the European or

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8 Anglo-Indian Right to education at their choice. The curriculum of study shall be followed at their own with the sanction of the Inspector of Anglo Indians.

IV)ORIENTAL SCHOOLS 18. The oriental Schools are similar to the Madrassa School of education imparting Urdu and Sanskrit, Arabic as Language to the students at all levels. The Oriental Schools are run by the Muslim Minority Section of the Society in order to propagate their religion and language at all levels.

19.

Some of the of

linguistic Muslim minority settled in the state of the minorities of North India and Hindi speaking

Tamilnadu .Some

minorities while migrating to the State of Tamil Nadu preferred to have their ward in the Oriental School. The Oriental System of education patronizes Islam and the ideas of the Scholars of the Islam. The system is a stream of education with the object of protecting the interest of the Linguistic and Religious muslim minority. The students takes the common examination at the X level and the certificates are issued on the examination system followed by the other stream of education

V)STATE BOARD SCHOOLS 20. The petitioner humbly submits that the State Board Schools were started

around 1925 to 1926 .Initially the state Board Schools were charging fees from student and later , after the government introduced the Free Education System, the fees was abolished. The Students in the State Board School were encouraged to write the Board Exams in their mother Tongue. At present the students are allowed to write their exam in Tamil, English, Gujarathi, Kannada, Malayalam, Telugu , French, Arabic, Persian and Sanskrit .The state Board schools being instrumentalities of the state are run to fulfil the constitutional obligations of universal education .

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9 EXAMINATIONS 21 It is vital to state that the 4 stream of educations have different evaluation

process for promotion of the students to Class X level. The Schools following the Oriental, Matriculation, Anglo-Indian Board are entitled to have a evaluation criteria of their own to evaluate the students . After the introduction of the common public exams in all 4 streams at the X level the Director of Examination was vested with the duty to conduct the Public Examination in coordination with the Directors of concerned stream or Board. The Directors of the Oriental, Matriculation, Anglo-Indian Boards recommend the standard books and curriculum for their schools. The pattern of the exams of the 4 streams is enumerated bellow . The 4 streams concentrate on different subjects. For instance , the Anglo Indian and the Oriental Boards focus on language and religion .The Matriculation focus on academics. Boards S.No Subject 1. 2. 3. 4 5. Language English Maths Science Practical Social Science 6 Oriental Language Total 7 500 12 1100 11 1000 State Board Paper 2 2 1 1 1 Marks 100 100 100 100 100 Matriculation Paper 2 2 2 2 2 2 Marks 200 200 200 200 100 200 Anglo-Indian Paper 1 2 2 2 2 2 Marks 100 200 200 200 100 200 Oriental Paper 1 2 1 1 1 Is not compulsory 2 200 8 600 Mark 100 100 100 100 100

SUBJECTS 22 The examination will be conducted for the following subjects on the dates fixed by the Director of Government Examinations. The duration of each examination varies from stream to stream . The details of the subjects are enumerated below. The subjects are

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Subject

SSLC

OSLC

Matriculation Tamil or Hindi

AngloIndian

First Language, Tamil, Telugu, Malayalam, Hindi, French

1st

Tamil or Tongue

Tamil or Mother Tongue Language Paper I

Language Mother Paper-I Language Paper I Tamil or Mother Paper-II Tongue Language Paper II

Main Language Paper I Sanskrit / Arabic / Persian

English Paper-I English Paper I Paper-II English Paper II Main Language English Paper I Extra –III paper English Paper II Mathematics Mathematics Mathematics Science Science Science Botany, Zoology, Physics,Chemistry (Practical in all Science subjects will be conducted Science Mathematics- I,II Advanced Paper III English Paper II

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for 50 marks) Social Science Social Science Social Science Compulsory subject but not taken into account for eligibility purpose. History & Civics , Geography Social Science

The Petitioner submits that the 4 streams of education are formulated to cater the needs of various sections of the society. The schools affiliated to the State Board of Education forms as a platform for imparting education with simplicity enabling the down trodden, Adi Dravidars, Scheduled Tribes and others who do not undergo proper system of education or schooling in the primary level to meet the challenges of the modern world . 23. The system of education of the Anglo Indian as stated above advocates a

strong knowledge of English and the allied subjects. While so, the Oriental Scheme of Education propagates the Islamic, Vedic and epic style of education. The epic language of Sanskrit is being taught at the lowest level in the Oriental stream of education.

Medium of Instruction:

24.

It is humbly submitted that the 30% of the population of the State of

Tamilnadu are of linguistic minorities. The Telugu speaking population amounts to 10% of the total population of the State. The migrated population of the other States constitute rest of the 20% of the population . It is pertinent to point out the State of Tamilnadu has enabled the migratory population of the different States to continue their education in their own medium of education. The State Board of education is characterized of different medium of instruction. The students are permitted to write non language subject exam in Urdu, Sanskrit,

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12 Hindi, French, Malayalam, Kannada, Telugu and other languages. On the other hand, the Matriculation Board students have English as a medium of education and have the first language in Tamil, Hindi, French or German or any other language as per their wish. 25. The diverse pattern of medium of instruction and the Second Language

found in Tamilnadu are enumerated as per the statistical report of the Government in the year 2004-05. Subject Tamil French Gujarathi Hindi Kannada Malayalam Telugu Urdu Sanskrit Arabic Total State Board 7,28,427 226 14 1,440 448 2,067 3,923 2318 7,38,903 Matriculation Anglo-Indian Oriental 87,499 3504 1,754 161 87,307 15 310 94 229 648 167 99,023 947 7 79 330 645 975 Total 8,19,470 2141 14 10,694 463 2,384 4,096 2,547 978 812 8,43,599

4,698

The Gujarathi as a first language was recently included in the State Board of Education enabling the migratory population from Gujarat to continue their studies in their own mother tongue as enabled for the other migratory population. 26.` The details of the First Language of the students who appeared for the

public examination of 2005-06 are enumerated as under. The details of the various first language show the liberalized system of education prevalent in the state of Tamil nadu protecting the rights of the linguistic minorities. Language Tamil English Gujarathi Hindi Kannada Malayalam Telugu Urdu Total no of students State Board 6,50,700 81,817 14 179 397 1,876 3,726 1,169 7,39,878 Matriculation 42 98,981 Anglo Indian 4,689 Total 6,50,742 1,85,496 14 179 397 1,876 3,726 1,169 8,43,599

99,023

4698

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27.

It is submitted that the success of the Matriculation Institutions, Anglo The

Indian Institutions is apparent from the public examination results .

Matriculation system of education have been patronized by many of the parents from the other States as well and even the foreign nationals have their wards admitted to the Matriculation and the Anglo Indian boards of education founded in the State of Tamilnadu. It is submitted that on a comparative evaluation of the results published every year, the results of the matriculation board are comparatively very encouraging in contrast to the state board of education. It is seen from facts and figures that parents desire to send their wards to Matriculation or other Board Schools rather than public schools following the State Board of education.

28 It is humbly submitted that the common curriculum system consolidating the above 4 streams will not achieve the desired result of improving the standard of education .

29.

COMMON CURRICULUM BOARD

(has been constituted to serve the needs of all the schools including linguistic, religious minority institutions ) The common curriculum system was evolved on the recommendations of the committee headed by Muthukumaran and M.P.Vijayakumar, IAS. A reading of the minutes of the meeting and the recommendations, consultations made by the committee, make it clear that none of the concerns of the minorities or their grievances have been taken into account while drafting the recommendations for the common curriculum system. The rights of the religious minorities are not taken into account , the fact that the religious instructions are part of the system of education has not been taken into consideration while evolving the system of common curriculum.

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14 STATE BOARD ANGLO-INDIAN IOSE MATRICULATION

Government board Private board State run school

Private board

Private board

constituted by code constituted by code constituted by code Basically of Constituted for the All sections of the catholic minority Muslim Minority Syllabus are prescribed by the Schools are found Syllabus are prescribed by the concerned school Tamil, Telugu, Malayalam, Kannada, Urdu & English.

Syllabus are common prescribed Language taught Tamil English

Syllabus are prescribed by the

concerned school concerned school Main Language Tamil, Telugu, Paper I Sanskrit / Malayalam, Hindi, Arabic / Persian French

Subjects 5 5

5 10

29.

The students at the age of 3 are admitted in the nursery schools for 2 years

in a kindergarten classes. The present common curriculum system will disable such a system of kindergarten. The kindergarten system is attached to all matriculation, CBSE, ICSE, Anglo Indian institutions. These institutions enrich the kindergarten system to see that students get exposed to a different methodology of education by visual reading and recognizing methods. The present system of common curriculum has not ensured that the above system of kindergarten to be continued. 30 . It is humbly submitted the present system of a common curriculum

education will be in a pattern of consolidating all the 4 streams under the direct control of the authorities in all aspects of prescription of curriculum, qualification of teachers, teaching of language, extra-curricular activities . On the other hand, the CBSE system of schools and the ICSE schools will be in a position to have the innovative class rooms with liberty and autonomy in prescription of books, languages.The autonomy enjoyed by the Matriculation and the Anglo Indian schools till this date will be taken away by the impugned legislation .

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15 31. The petitioner submits that imposing of Common Curriculum will constrain the Matriculation , Anglo Indian and Oriental board schools from imparting quality education while their counterparts following the CBSE, ICSE, IB, GCSE and American board will have the freedom to impart quality education, curriculum, teaching methodology, books, other teaching material, locally adaptable, time table, individual attention (extra coaching) and introduction of other co-curricular activities and skill development programme putting the former schools at a disadvantage. A common curriculum will result in the students migrating to the CBSE mode of education and ICSE system of education. The Petitioner is aggrieved by the impugned Tamilnadu Uniform System of School Education Act, 2010.. In the above circumstances the Petitioner has no other alternative efficacious remedy except to invoke the extraordinary jurisdiction of this Hon’ble Court under Article 226 of the Constitution of India, for a WRIT OF DECLARATION or any other writ ,order or direction to declare Tamilnadu Uniform System of School Education Act, 2010 as unconstitutional and violative of the right of private educational institutions including minority institutions to establish and administer Educational Institutions of their choice and constitutes unreasonable restrictions on the private educational institutions on the following among other grounds: GROUNDS A. The “Tamil Nadu Uniform System of School Education Act , 2009 is

violative of the rights of private unaided institutions as it imposes unreasonable restrictions on the administration and management of those institutions. B. The Committee submitted its recommendation after a study of the

common syllabus system in the states of Gujarat, Andhra Pradesh…. The committee failed to appreciate that the said states did not have several streams of education which were abolished to introduce a uniform system of syllabus .Thus the case study was faulty and could not have formed the basis for the recommendation and the state government erred in law in accepting the said recommendation without noticing that the system of education in the state of Tamil nadu is unique in so far as there are several streams of education in the system of education in the state of Tamil Nadu and the parents have a wide choice of education system to follow and such a choice which promotes

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16 competition in the pursuit of excellence cannot be taken away by introducing a uniform system of education. In the circumstances the impugned legislation is unconstitutional . C. By introducing the uniform system of education the impugned legislation

along with the legislation to control the fee structure in the private educational institutions the state has attempted nationalization of private educational institutions by an indirect route which is impermissible under the constitution. By taking away the autonomy of the private educational institutions both on the aspect of curriculum and fee structure the state is attempting to control private educational institutions and encroach into the freedom of such educational institutions to administer their institutions to subserve the interest of the student community in the manner they choose . D The Universal Declaration of Human Rights (Convention on the Rights of

the Child) was adopted by the General Assembly of the United Nations on 20th November, 1989 and the Government of India became a signatory to this Convention on 11th December, 1992. According to the said Declaration every one has the right to education; and Article 26(3) of the said declaration is to the effect that the parents have a prior right to choose the kind of education that will be given to their children. Article 51(c) is of the Constitution of India is to the effect that the State' shall endeavour to foster respect for International Law and treaty obligations in the dealings of organized peoples with one another. The Apex Court in Vishka and others v. State of Rajasthan and others, 1997 (7) Supreme 323 has ruled that once the Indian Government accepts the International Universal Declaration of Human Rights, the same shall have the force of law. That being the present legal position, the State legislature cannot pass the impugned Act which compels the private un aided educational choice available to the institutions to adopt the Uniform system of School Education as the Syllabus for all the schools .The impugned Act takes away the parents to educate their children in a method which they feel is the most suitable form of education which will enable their children to meet the challenges of the modern world . The impugned Act is per se arbitrary and violative of Articles 14 of the Constitution of India in so far as it impinges on the right of the parents to give the type of education of their various streams of education. choice which is now available under the

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17 E. The private unaided schools enjoy the autonomy to prescribe their own

text books and adopt their own method of teaching. The State Board conducts a common 10th standard public exam. Till now the schools are allowed to prepare their students to take the 10th standard public exam by adopting their own methods of teaching to achieve the goal of getting high marks in the 10Th standard exam. The state legislature cannot dictate the method to be adopted by private unaided institutions to achieve the goal of preparing their students to take the 10Th standard public exam. The impugned Act in so far as it interferes with the method adopted by the private unaided schools to achieve the said goal is a serious encroachment on the right of the private unaided schools to prepare the students for the 10th standard public exam . F. The state can impose minimum standards of education. But the state

cannot set the maximum standard of education under the guise of uniform system of education. The private unaided schools have a right under the TN Recognised Private Schools (Regulation) Act, 1973 to administer their institutions in the manner they want. But the said right is being taken away by the impugned Act by introducing a uniform system of education. The impugned Act in effect is imposing a maximum standard of education under the guise of achieving social justice .The concept of achieving social justice through uniform system of education and curriculum is misconcieved and the executive has been misled into believing that social justice can be achieved through the uniform system of education and under the wrong notion accepted the recommendation of the committee and introduced the bill in the assembly. In order to achieve social justice the state first abolished the concept of Common entrance test for professional courses. But admission results for professional colleges showed that abolition of CET did not achieve the desired result of more number of rural students getting admitted to professional courses. Similarly the executive will realise over a period of time that uniform system of education does not enable the state to achieve social justice and the passing of the impugned Act was an exercise in futility. Even though it should be constitutional goal and obligation of each state to achieve Social justice the state of Tamil nadu should not be under an illusion that social justice can be achieved by uniform system of education . Social justice can be achieved by the policy of reservation and by making the weaker section of the society economically independent by imparting quality education in the rural schools and make them equipped to meet the challenges of the modern world. Social justice cannot be achieved by

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18 pulling down the educational standards of the entire student community in the state of Tamil nadu under the guise of uniform system of education. The impugned Act is totally irrational and unconstitutional . G. The students of the various streams of education in the state of Tamil

Nadu have to compete with CBSE students and ICSC students while writing the common entrance tests for admission to professional colleges and IIT and IIMs etc. But if the uniform system of education is introduced then definitely the standard of education will be much lower than the standard of education now being imparted by private unaided schools in the state of Tamil nadu and the students will not be able to compete for the limited seats in the professional colleges along with the CBSE schools. Thus the policy behind the uniform system of education should be declared as irrational. H. The preamble to the Act states that the uniform system of education is

being adopted to achieve social justice. Thus it is apparent that the state government is of the opinion that students from private unaided schools are getting superior standard of education vis a vis the students studying in panchayat schools and corporation schools. Thus the whole objective of the Act is to lower the standards of education in the private unaided schools so that the students studying in private unaided schools do not steal a march over the students studying in panchayat schools and corporation schools . Instead of analyzing the reason for the poor performance of the students studying in panchayat schools and corporation schools unaided schools and improving their standard the impugned Act attempts to bring down the standard of education in the private so that the so called social justice can be achieved . It is a well known fact the teachers in panchayat schools and corporation schools are getting huge salary and do not concentrate in preparing the students to compete with the urban students. Instead of addressing the said problem the impugned Act aims to introduce uniform system of education which will prove counter irrational and will not productive in the long run .The objective of the Act is state schools. I. The social justice which the impugned Act seeks to achieve will not be

achieve the avowed objective of improving the standard of education in the

achieved by introducing the uniform system of education since even with the uniform system of education the urban students will always steal a march over

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19 the students studying in panchayat schools and corporation schools in view of their exposure to various extra curricular activities . Thus the objective of the Act namely social justice cannot be achieved at all without improving the standard of education in the rural schools. J. As long as CBSE schools are allowed to function in the state of Tamil

Nadu the concept of uniform education in the state of Tamil Nadu will be a myth. Seats in the professional colleges being few in number, over a period of time it will become apparent that all the professional seats are cornered by CBSE students. Of course by abolishing the CET the state government can counter this argument by stating that only the marks obtained in the public exam will be counted for the professional colleges .But as far as IIT and IIM and other state seats are concerned the students studying the uniform system of education will not be able to compete for the said seats. Thus the uniform system of education will deprive the students under going the uniform system of education of the competitive edge vis a vis the CBSE students. K The Committee report on the Uniform System of School Education states

that the main objective of the uniform system of education is to improve the standard of education uniformly for the schools in the State and to improve the infrastructure facilities in all the schools in order to give high quality education. The State Government announced that initially the Uniform Education will be introduced in 1st and 6th standards. From the said Syllabus, it is found that “alphabets” are introduced only from the 1st standard level. On the other hand the Matriculation, and other board schools introduce alphabets and words in the kindergarten level itself with advanced mode of teaching methods and staffs. If the said Samacheer Syllabus is introduced with such low standards, then the Tamil Nadu State children will find it hard to compete with the other State children. Since the standard of education in the Samacheer Syllabus is low, the interest of the students will be gravely prejudiced . L. As per the ruling of the High Courts and the Supreme Court Linguistic

Minority institutions have complete autonomy in the matter of establishment and administration of educational institutions. educational institutions run by minorities institutions to adopt a uniform The impugned Act , under the administration of the Common by forcing the said educational guise of regulation , is in fact interfering with the

system of education . Imposing

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20 curriculum would impinge on the rights of the minorities to administer the

institutions by prescribing their own curriculum . Under these circumstances it is prayed that this Hon’ble Court may be pleased to pass an AD-INTERIM INJUNCTION restraining the respondents from imposing the common curriculum for class 1 & 6 as per the provisions of the Tamilnadu Uniform System of School Education Act, 2010 and shall direct the State to follow the curriculum of the four streams in their respective schools in all the classes for the next academic year 2010 -2011 pending disposal of the writ petition and thus render justice.

Under these circumstances, it is humbly prayed that this Hon’ble Court may be pleased to grant an order of INTERIM STAY of the implementation and the operation of Tamilnadu Uniform System of School Education Act, 2010 in so far as the Members of the Petitioner Association are concerned, during the pendency of the above Writ Petition and thus render justice. Under these circumstances, it is prayed that this Hon’ble Court may be pleased to issue a WRIT OF DECLARATION or any other writ , order or direction declaring the Tamilnadu Uniform System of School Education Act, 2010. . as irrational , unconstitutional, ultravires and violative of the right of private educational institutions including minority institutions to establish and administer educational institutions guaranteed under the Constitution of India and thus render justice. Solemnly affirmed at Chennai on this the 1st day of February, 2010 and signed his name in my presence. ADVOCATE, CHENNAI BEFORE ME

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