High Court · 2025

W.P.No.10453 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 21.03.2025CORAMTHE HON'BLE Mrs.JUSTICE N.MALAW.P.No.10453 of 2025andW.M.P.Nos.11758 & 11762 of 20251.Swathy Matriculation Higher Secondary School, Rep by its Principal “Ramji Nivas”, 49/19, Kamaraj Colony, 1st Cross, Hosur-635 109,Krishnagiri District 2.Badi Kumari3.Keerthana R... 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, Chennai3.The Director of Government Examinations,College Road, D.P.I. Campus, Nungambakkam, Chennai 600 006.1/10 https://www.mhc.tn.gov.in/judis W.P.No.10453 of 20254.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 proceedings made in impugned order dated 11.3.2025 made in Na.ka.No.508/A2/2024 on the file of the District Education 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-1 for the ensuring 10th standard Public Exam during March-April 2025For Petitioners : Mr.Y.PrakashFor Respondents : Mr.P.S.Raman Advocate General Asst.by Mrs.Mythreye Chandru Special Government PleaderORDERThe writ petition is filed for a Writ of Certiorarified Mandamus to call for the records of the fourth respondent's order dated 11.03.2025 in 2/10 https://www.mhc.tn.gov.in/judis W.P.No.10453 of 2025Na.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 to students from LKG to the 12th standard. The school students are day scholars and their mother tongue is generally not Tamil nor are they accustomed to the Tamil language. 3.According the petitioners, almost all non-Tamil speaking students choose either Kannada or Hindi as their language, since they are more familiar with these languages. The students opted for either Kannada or Hindi because they were not familiar with Tamil.4.The Government of Tamil Nadu enacted the Tamil Nadu Tamil Learning Act, 2006 (Tamil Nadu Act 13 of 2006), making Tamil a 3/10 https://www.mhc.tn.gov.in/judis W.P.No.10453 of 2025compulsory 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.5.The petitioner's school, understanding that students would find it difficult to learn Tamil as Part-I language, allowed them to opt for their mother tongue as Part-I 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 and 3, 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 and Kannada.6.However, by the impugned order dated 11.03.2025, the 4th respondent declined exemption on the ground that they had joined the school prior to 9th and 10th standards, making them ineligible for such an 4/10 https://www.mhc.tn.gov.in/judis W.P.No.10453 of 2025exemption. Aggrieved by the impugned order, the petitioners filed the writ petition for the aforesaid relief.7.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.8.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 students, the 4th respondent ought to reconsider granting exemption to petitioners 2 and 3 for the ensuing 10th standard board examinations.9.Though the learned Advocate General opposed the request, 5/10 https://www.mhc.tn.gov.in/judis W.P.No.10453 of 2025this 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.10.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 Andhra 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 and 3 6/10 https://www.mhc.tn.gov.in/judis W.P.No.10453 of 2025opted for Hindi and Kannada 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.”11.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.12.In light of the affidavit of undertaking given by the 1st petitioner, the petitioners 2 and 3 are permitted to write the Part-1 language examination in Hindi and Kannada for the ensuing 10th standard board examination for the 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.13.With the above observations, this Writ Petition is allowed. Consequently, the connected Miscellaneous Petitions are closed. There 7/10 https://www.mhc.tn.gov.in/judis W.P.No.10453 of 2025shall be no order as to costs.21.03.2025rplIndex:Yes/NoSpeaking Order:Yes/NoNote: Issue Order Copy on 21.03.2025To1.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, Chennai3.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 & District8/10 https://www.mhc.tn.gov.in/judis W.P.No.10453 of 2025N.MALA, J.rpl9/10 https://www.mhc.tn.gov.in/judis W.P.No.10453 of 2025W.P.No.10453 of 202521.03.202510/10

W.P.No.10453 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 21.03.2025CORAMTHE HON'BLE Mrs.JUSTICE N.MALAW.P.No.10453 of 2025andW.M.P.Nos.11758 & 11762 of 20251.Swathy Matriculation Higher Secondary School, Rep by its Principal “Ramji Nivas”, 49/19, Kamaraj Colony, 1st Cross, Hosur-635 109,Krishnagiri District 2.Badi Kumari3.Keerthana R... 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, Chennai3.The Director of Government Examinations,College Road, D.P.I. Campus, Nungambakkam, Chennai 600 006.1/10 https://www.mhc.tn.gov.in/judis W.P.No.10453 of 20254.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 proceedings made in impugned order dated 11.3.2025 made in Na.ka.No.508/A2/2024 on the file of the District Education 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-1 for the ensuring 10th standard Public Exam during March-April 2025For Petitioners : Mr.Y.PrakashFor Respondents : Mr.P.S.Raman Advocate General Asst.by Mrs.Mythreye Chandru Special Government PleaderORDERThe writ petition is filed for a Writ of Certiorarified Mandamus to call for the records of the fourth respondent's order dated 11.03.2025 in 2/10 https://www.mhc.tn.gov.in/judis W.P.No.10453 of 2025Na.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 to students from LKG to the 12th standard. The school students are day scholars and their mother tongue is generally not Tamil nor are they accustomed to the Tamil language. 3.According the petitioners, almost all non-Tamil speaking students choose either Kannada or Hindi as their language, since they are more familiar with these languages. The students opted for either Kannada or Hindi because they were not familiar with Tamil.4.The Government of Tamil Nadu enacted the Tamil Nadu Tamil Learning Act, 2006 (Tamil Nadu Act 13 of 2006), making Tamil a 3/10 https://www.mhc.tn.gov.in/judis W.P.No.10453 of 2025compulsory 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.5.The petitioner's school, understanding that students would find it difficult to learn Tamil as Part-I language, allowed them to opt for their mother tongue as Part-I 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 and 3, 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 and Kannada.6.However, by the impugned order dated 11.03.2025, the 4th respondent declined exemption on the ground that they had joined the school prior to 9th and 10th standards, making them ineligible for such an 4/10 https://www.mhc.tn.gov.in/judis W.P.No.10453 of 2025exemption. Aggrieved by the impugned order, the petitioners filed the writ petition for the aforesaid relief.7.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.8.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 students, the 4th respondent ought to reconsider granting exemption to petitioners 2 and 3 for the ensuing 10th standard board examinations.9.Though the learned Advocate General opposed the request, 5/10 https://www.mhc.tn.gov.in/judis W.P.No.10453 of 2025this 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.10.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 Andhra 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 and 3 6/10 https://www.mhc.tn.gov.in/judis W.P.No.10453 of 2025opted for Hindi and Kannada 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.”11.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.12.In light of the affidavit of undertaking given by the 1st petitioner, the petitioners 2 and 3 are permitted to write the Part-1 language examination in Hindi and Kannada for the ensuing 10th standard board examination for the 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.13.With the above observations, this Writ Petition is allowed. Consequently, the connected Miscellaneous Petitions are closed. There 7/10 https://www.mhc.tn.gov.in/judis W.P.No.10453 of 2025shall be no order as to costs.21.03.2025rplIndex:Yes/NoSpeaking Order:Yes/NoNote: Issue Order Copy on 21.03.2025To1.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, Chennai3.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 & District8/10 https://www.mhc.tn.gov.in/judis W.P.No.10453 of 2025N.MALA, J.rpl9/10 https://www.mhc.tn.gov.in/judis W.P.No.10453 of 2025W.P.No.10453 of 202521.03.202510/10