3 days ago
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The Supreme Court on Monday modified an eight-year-old stay order to direct the Tamil Nadu government to identify the land required to establish Jawahar Navodaya Vidyalayas (JNVs) in every district.
A Bench of Justices B.V. Nagarathna and R. Mahadevan urged Tamil Nadu, represented by senior advocate P. Wilson, to consider the Navodaya Vidyalayas scheme an opportunity rather than a threat to the two-language formula followed in the State.
Mr. Wilson vehemently argued that the scheme was a “backdoor entry” by the Centre to impose Hindi in Tamil Nadu. However, the court said it was merely asking the State to identify the land, and not to “lay the foundation stone”.
Justice Nagarathna said the court was not insisting on Hindi, but on poor and rural children getting an education.
Mr. Wilson said the enrolment ratio in Tamil Nadu was the highest among States. Education was encouraged and provided for, he said.
“You (State) cannot come in the way if they want to study the Central syllabus…How can you deprive them,” Justice Nagarathna asked.
Mr. Wilson said the Centre wanted the State’s resources. He referred to the Centre still owing over ₹3,500 crore to Tamil Nadu.
“I (State) can build my own schools… We have the highest gross enrolment ratio. Never, ever will any other State match ours. They want 30 acres of land to be given in every district. I have to shell out the money. I had spent ₹3,548 crore on Samagra Shiksha scheme. They still owe us… This is not the way to treat the State,” the senior counsel said.
Justice Nagarathna asked whether Tamil Nadu was “part of our Republic”. The court said “we live in a federalist society” in which the State and the Centre needed to engage in a dialogue.
Justice Nagarathna said the representatives of the Centre and the State should engage in consultations on the Navodaya Vidyalaya scheme. The State must use the meeting as an opportunity to air its grievances, and even demand payment of dues, if any, under the Samagra Shiksha scheme, she added.
“The petitioner (Tamil Nadu) is at liberty to ventilate its grievances with the Centre,” Justice Nagarathna said. The court directed the State to identify the land for Navodaya Schools in each district within six weeks. The Centre and the State have to submit a report on their consultations about the establishment of these schools, it added.
In December 2017, the apex court stayed a Madras High Court order directing the Tamil Nadu government to establish the centrally-funded Jawahar Navodaya Vidyalayas in the State.
On September 11, 2017, the Madurai Bench of the High Court had directed the State to provide temporary sites and buildings to accommodate 240 children in each district within two months.
The High Court order was based on a public interest litigation petition filed by Kumari Maha Sabha.
JNVs were not allowed in Tamil Nadu as these schools, which require Hindi to be taught as the third language, violate the Tamil Nadu government’s policy to have only two languages — English and Tamil —taught in schools. The policy of the State was legislated under the Tamil Nadu Tamil Learning Act of 2006, which made Tamil the compulsory language for schoolchildren. The validity of the 2006 law was approved by the Supreme Court.
“It is the prerogative of the State government to pass legislation regarding school education, and it is the prerogative of the State government to lay down the policy and the standards of education in the State. It is trite law that courts must not interfere in the policy decisions of the State unless it comes to conclusion that the policy is so wrong that it is necessary to interfere being violative of the Constitution,” the State petition in the apex court had said.
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