High Court · 2025

W.P.No.8498 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 19.03.2025CORAMTHE HON'BLE Mrs.JUSTICE N.MALAW.P.No.8498 of 2025andW.M.P.Nos.9519 & 9520 of 20251.Sri Sharada Vidya Mandir Matriculation Higher Secondary School, Rep By its Prinicpal S. Mamatha, Opp To Sub Treasury, Rayakotta Road, Hosur, Krishnagirir Distirct 2.R. Bhavani3.Sharbeesh Kumar4.R.Bhavya Shree5.L.Sudharshan... PetitionersVs.1.The Secretary to Government School Education Department,Fort St George, Chennai 600 009.2.The Director of Matriculation SchoolsCollege Road, D.P.I. Campus, Nungambakkam, Chennai1/10 https://www.mhc.tn.gov.in/judis W.P.No.8498 of 20253.The Director of Government Examinations,College Road, D.P.I. Campus, Nungambakkam, Chennai 600 006.4.The District Educational Officer(Private Schools),Government Boys Higher Secondary School Campus,Krishnagiri Town & Taluk & District5.The Chief Educational Officer,Government Boys Higher Secondary School Campus, Krishnagiri Town & Taluk & District ... RespondentsPrayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for records relating to the proceeding made in impugned order dated 06.02.2025 made in Na.Ka.No.508/A2/2024 on the fie of the District Educational Officer, the 4th respondent herein and quash the same and to consequently direct the respondents to grant exemption from insisting for appearance in Tamil Language Exam under part-I for the ensuing 10th standard Public Exam during March-April 2025For Petitioners : Mr.A.V.ArunFor Respondents : Mr.P.S.Raman Advocate General Asst by Ms.Akila Rajendran, Government Advocate and Mrs.Mythreyichandran Special Government Pleader2/10 https://www.mhc.tn.gov.in/judis W.P.No.8498 of 2025ORDERThe writ petition is filed for a Writ of Certiorarified Mandamus to call for the records of the fourth respondent's order dated 06.02.2025 in Na.Ka.No.508/A2/2024, quash the same, and consequently direct the respondents to grant exemption from insisting for appearance in Tamil Language Exam under part-I for the ensuing 10th standard Public Exam during March-April 2025.2.The petitioners' school is located on the border of Karnataka, and Andhra Pradesh. The school provides education from pre-primary to the 12th standard. As the school is situated in a border region, most of the students have Kannada, Telugu, Hindi or other languages as their mother tongue. Due to this, many students struggle to pass the Tamil language examination. On the request of parents, the school offers Kannada, Telugu, and Hindi as the first-language option instead of Tamil.3/10 https://www.mhc.tn.gov.in/judis W.P.No.8498 of 20253.The Government of Tamil Nadu enacted the Tamil Nadu Tamil Learning Act, 2006 (Tamil Nadu Act 13 of 2006), making Tamil a compulsory subject in schools within the State. Although the Act was passed in 2006, its enforcement was delayed until 2012. Because of the apathy shown by the respondents in implementing the Act, initially, both students and school management believed that they would not be compelled to take Tamil as a compulsory subject in the prevailing circumstances.4.The petitioner's school, understanding that students would find it difficult to learn Tamil as a first language at an advanced stage of their schooling, allowed them to opt for their mother tongue as the first language. Accordingly, in November 2024, the school submitted an application to the respondent seeking an exemption from the provisions of the Tamil Nadu Learning Act, 2006 for petitioners 2 to 5, on the request of their parents. The school also sought permission for these students to write Part-1 of their language examination in their respective mother tongues-Hindi, Kannada, and Telugu.4/10 https://www.mhc.tn.gov.in/judis W.P.No.8498 of 20255.However, by the impugned order dated 06.02.2025, the 4th respondent granted the exemption only to one candidate, S.Pooja, while denying exemption to the other petitioners on the grounds that they had joined the school prior to 9th and 10th standards, making them ineligible for such an exemption. Aggrieved by the impugned order, the petitioners filed the writ petition for the aforesaid relief.6.During the hearing, the learned counsel for the petitioners submitted that the school primarily caters to students residing in border areas of Karnataka and Andhra Pradesh. As a result, these students have not studied Tamil as their first language because their mother tongue was not Tamil.7.The learned counsel for the petitioners submitted that it would be extremely harsh on these students to force them to take the Part-1 language examination in Tamil for the ensuing 10th standard board exams for the academic year 2024-25, as they are not adequately prepared for the same. He further submitted that in the interest of the 5/10 https://www.mhc.tn.gov.in/judis W.P.No.8498 of 2025students, the 4th respondent ought to reconsider granting exemption to petitioners 2 to 5 for the ensuing 10th standard board examinations.8.Though the learned Advocate General opposed the request, this Court is of the view that, in the interest of the students and considering that the 10th standard board examination for the academic year 2024-25, are fast approaching, the petitioners' request merits consideration, albeit on the basis of an undertaking of the 1st petitioner not to seek exemption in future.9.The learned counsel for the petitioners sought time to obtain instructions from the petitioners and to file the undertaking affidavit. Today, when the matter is taken up, the learned counsel for the petitioners submitted the affidavit of undertaking. This Court has perused the undertaking affidavit. In paragraph 4 of the affidavit, it is stated as follows:-“4.I humbly submit that we are catering to the needs of students coming from the areas which is border to the States of Karnataka and 6/10 https://www.mhc.tn.gov.in/judis W.P.No.8498 of 2025Andhra Pradesh and the students who have chosen their mother tongue as their first language for studying. We undertake to impart Tamil as the 1st language to our students studying in our school and will not claim any such exemption for the academic year 2025-2026 and in future. The petitioners 2 to 5 opted for Kannada and Hindi as their first language they may be permitted to write the 10th standard board examination in the academic year 2024-2025 and as stated above we will not claim any exemption for the next academic year.”10.The learned Advocate General, while referring to the affidavit, requested that the order in this writ petition should not be used as a precedent in future cases.11.In light of the affidavit of undertaking given by the 1st petitioner, the petitioners 2 to 5 are permitted to write the Part-1 language examination in Hindi (for petitioners 2 and 3) and Kannada (for petitioners 4 and 5) for the ensuing 10th standard board examination for 7/10 https://www.mhc.tn.gov.in/judis W.P.No.8498 of 2025the academic year 2024-2025. It is clarified that this order is passed based on the peculiar facts of this case and the same shall not be cited as a precedent in future cases.12.With the above observations, this Writ Petition is allowed. Consequently, the connected Miscellaneous Petitions are closed. There shall be no order as to costs.19.03.2025rplIndex:Yes/NoSpeaking Order:Yes/NoNote: Issue Order Copy on 20.03.2025To1.The Secretary to Government School Education Department,Fort St George, Chennai 600 009.2.The Director of Matriculation SchoolsCollege Road, D.P.I. Campus, Nungambakkam, Chennai8/10 https://www.mhc.tn.gov.in/judis W.P.No.8498 of 20253.The Director of Government Examinations,College Road, D.P.I. Campus, Nungambakkam, Chennai 600 006.4.The District Educational Officer(Private Schools),Government Boys Higher Secondary School Campus,Krishnagiri Town & Taluk & District5.The Chief Educational Officer,Government Boys Higher Secondary School Campus, Krishnagiri Town & Taluk & District9/10 https://www.mhc.tn.gov.in/judis W.P.No.8498 of 2025N.MALA, J.rplW.P.No.8498 of 202519.03.202510/10

W.P.No.8498 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 19.03.2025CORAMTHE HON'BLE Mrs.JUSTICE N.MALAW.P.No.8498 of 2025andW.M.P.Nos.9519 & 9520 of 20251.Sri Sharada Vidya Mandir Matriculation Higher Secondary School, Rep By its Prinicpal S. Mamatha, Opp To Sub Treasury, Rayakotta Road, Hosur, Krishnagirir Distirct 2.R. Bhavani3.Sharbeesh Kumar4.R.Bhavya Shree5.L.Sudharshan... PetitionersVs.1.The Secretary to Government School Education Department,Fort St George, Chennai 600 009.2.The Director of Matriculation SchoolsCollege Road, D.P.I. Campus, Nungambakkam, Chennai1/10 https://www.mhc.tn.gov.in/judis W.P.No.8498 of 20253.The Director of Government Examinations,College Road, D.P.I. Campus, Nungambakkam, Chennai 600 006.4.The District Educational Officer(Private Schools),Government Boys Higher Secondary School Campus,Krishnagiri Town & Taluk & District5.The Chief Educational Officer,Government Boys Higher Secondary School Campus, Krishnagiri Town & Taluk & District ... RespondentsPrayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for records relating to the proceeding made in impugned order dated 06.02.2025 made in Na.Ka.No.508/A2/2024 on the fie of the District Educational Officer, the 4th respondent herein and quash the same and to consequently direct the respondents to grant exemption from insisting for appearance in Tamil Language Exam under part-I for the ensuing 10th standard Public Exam during March-April 2025For Petitioners : Mr.A.V.ArunFor Respondents : Mr.P.S.Raman Advocate General Asst by Ms.Akila Rajendran, Government Advocate and Mrs.Mythreyichandran Special Government Pleader2/10 https://www.mhc.tn.gov.in/judis W.P.No.8498 of 2025ORDERThe writ petition is filed for a Writ of Certiorarified Mandamus to call for the records of the fourth respondent's order dated 06.02.2025 in Na.Ka.No.508/A2/2024, quash the same, and consequently direct the respondents to grant exemption from insisting for appearance in Tamil Language Exam under part-I for the ensuing 10th standard Public Exam during March-April 2025.2.The petitioners' school is located on the border of Karnataka, and Andhra Pradesh. The school provides education from pre-primary to the 12th standard. As the school is situated in a border region, most of the students have Kannada, Telugu, Hindi or other languages as their mother tongue. Due to this, many students struggle to pass the Tamil language examination. On the request of parents, the school offers Kannada, Telugu, and Hindi as the first-language option instead of Tamil.3/10 https://www.mhc.tn.gov.in/judis W.P.No.8498 of 20253.The Government of Tamil Nadu enacted the Tamil Nadu Tamil Learning Act, 2006 (Tamil Nadu Act 13 of 2006), making Tamil a compulsory subject in schools within the State. Although the Act was passed in 2006, its enforcement was delayed until 2012. Because of the apathy shown by the respondents in implementing the Act, initially, both students and school management believed that they would not be compelled to take Tamil as a compulsory subject in the prevailing circumstances.4.The petitioner's school, understanding that students would find it difficult to learn Tamil as a first language at an advanced stage of their schooling, allowed them to opt for their mother tongue as the first language. Accordingly, in November 2024, the school submitted an application to the respondent seeking an exemption from the provisions of the Tamil Nadu Learning Act, 2006 for petitioners 2 to 5, on the request of their parents. The school also sought permission for these students to write Part-1 of their language examination in their respective mother tongues-Hindi, Kannada, and Telugu.4/10 https://www.mhc.tn.gov.in/judis W.P.No.8498 of 20255.However, by the impugned order dated 06.02.2025, the 4th respondent granted the exemption only to one candidate, S.Pooja, while denying exemption to the other petitioners on the grounds that they had joined the school prior to 9th and 10th standards, making them ineligible for such an exemption. Aggrieved by the impugned order, the petitioners filed the writ petition for the aforesaid relief.6.During the hearing, the learned counsel for the petitioners submitted that the school primarily caters to students residing in border areas of Karnataka and Andhra Pradesh. As a result, these students have not studied Tamil as their first language because their mother tongue was not Tamil.7.The learned counsel for the petitioners submitted that it would be extremely harsh on these students to force them to take the Part-1 language examination in Tamil for the ensuing 10th standard board exams for the academic year 2024-25, as they are not adequately prepared for the same. He further submitted that in the interest of the 5/10 https://www.mhc.tn.gov.in/judis W.P.No.8498 of 2025students, the 4th respondent ought to reconsider granting exemption to petitioners 2 to 5 for the ensuing 10th standard board examinations.8.Though the learned Advocate General opposed the request, this Court is of the view that, in the interest of the students and considering that the 10th standard board examination for the academic year 2024-25, are fast approaching, the petitioners' request merits consideration, albeit on the basis of an undertaking of the 1st petitioner not to seek exemption in future.9.The learned counsel for the petitioners sought time to obtain instructions from the petitioners and to file the undertaking affidavit. Today, when the matter is taken up, the learned counsel for the petitioners submitted the affidavit of undertaking. This Court has perused the undertaking affidavit. In paragraph 4 of the affidavit, it is stated as follows:-“4.I humbly submit that we are catering to the needs of students coming from the areas which is border to the States of Karnataka and 6/10 https://www.mhc.tn.gov.in/judis W.P.No.8498 of 2025Andhra Pradesh and the students who have chosen their mother tongue as their first language for studying. We undertake to impart Tamil as the 1st language to our students studying in our school and will not claim any such exemption for the academic year 2025-2026 and in future. The petitioners 2 to 5 opted for Kannada and Hindi as their first language they may be permitted to write the 10th standard board examination in the academic year 2024-2025 and as stated above we will not claim any exemption for the next academic year.”10.The learned Advocate General, while referring to the affidavit, requested that the order in this writ petition should not be used as a precedent in future cases.11.In light of the affidavit of undertaking given by the 1st petitioner, the petitioners 2 to 5 are permitted to write the Part-1 language examination in Hindi (for petitioners 2 and 3) and Kannada (for petitioners 4 and 5) for the ensuing 10th standard board examination for 7/10 https://www.mhc.tn.gov.in/judis W.P.No.8498 of 2025the academic year 2024-2025. It is clarified that this order is passed based on the peculiar facts of this case and the same shall not be cited as a precedent in future cases.12.With the above observations, this Writ Petition is allowed. Consequently, the connected Miscellaneous Petitions are closed. There shall be no order as to costs.19.03.2025rplIndex:Yes/NoSpeaking Order:Yes/NoNote: Issue Order Copy on 20.03.2025To1.The Secretary to Government School Education Department,Fort St George, Chennai 600 009.2.The Director of Matriculation SchoolsCollege Road, D.P.I. Campus, Nungambakkam, Chennai8/10 https://www.mhc.tn.gov.in/judis W.P.No.8498 of 20253.The Director of Government Examinations,College Road, D.P.I. Campus, Nungambakkam, Chennai 600 006.4.The District Educational Officer(Private Schools),Government Boys Higher Secondary School Campus,Krishnagiri Town & Taluk & District5.The Chief Educational Officer,Government Boys Higher Secondary School Campus, Krishnagiri Town & Taluk & District9/10 https://www.mhc.tn.gov.in/judis W.P.No.8498 of 2025N.MALA, J.rplW.P.No.8498 of 202519.03.202510/10