Document Fragment View
Fragment Information
Showing contexts for: matriculation code in Tamil Nadu Tamil & English Schools ... vs The State Of Tamil Nadu Rep. By Its ... on 20 April, 2000Matching Fragments
12 A. Matriculation Schools: Coming to the Matriculation Schools, these schools teach classes from Standards I to XII. Some of Schools in fact started functioning sometime in 1950 or so. The medium of instruction in these Schools has been English. As on 1977, there were 29 Schools in the jurisdiction of Madras University and one in the jurisdiction of Madras-Kamaraj University. All these Schools are fee-levying and the medium of instruction in all these Schools has been English. The Schools were under the control of the University and examinations were then conducted by the University. The Madras University at its meeting of the Syndicate in August, 1975 proposed that all Matriculation Schools which are under the control of Tamil Nadu State Government be transferred to the Government Department of School Education, on the ground that the University should concern itself with higher education and it should bear no responsibility to run the Schools. The Government considering the great importance of the matter convened a meeting of the management of the Matriculation Schools with Government and University on 19.7.1976 and in the meeting it was decided that the Government will appoint a Director of Matriculation Schools who will be advised by a Board of Matriculation School and the said Director would take over the control of all these Schools and that the Schools will continue to be fee based and also continue to use English as medium of instruction. The schools were given liberty to innovate with regard to their curriculum except for the last two years. It was also decided that Matriculation Schools be encouraged to start the Higher Secondary Course viz.. Standards XI and XII under the supervision of the Board of Higher Secondary Education. These proposals were communicated to the Syndicate, which also approved the same. The Government also considered the proposal and passed Orders, forming a separate Board of Matriculation Schools in G.O.Ms.No.2816 (School Education Department), dated 29th December, 1976. Subsequently, the Government passed another G.O.Ms.No.1720 (Education Department), dated 25.7.1977, in and by which the Government constituted a Board for the Matriculation Schools and further directed that the Board be constituted with the members mentioned in the said Government Order. According to the said Government-Order, the Director, School Education shall be the Chairman and three officials of the Education Department to be Ex-officio members. Apart from them, two members to represent the University three members each on behalf of managements Heads of Schools, teachers and interested persons. The said Government Order spells out in detail the various conditions of membership, functions etc., The said G.O.1720 dated 25.7.1977 is still in force. In 1980 the Government also framed a code for Matriculation Schools and according to clause 7 the schools continue to be fee-based and use English as medium of instruction. Thus since 1950 English has been the medium of instruction in Matriculation schools. During 1976, as already mentioned there were only 30 Schools which went upto 200 or so in 1987., 1000 in 1992 and 2000 as on date. Now, the impugned G.O. viz., G.O.Ms.No.324, dated 19.11.1999 directs all Schools to switch over to Tamil/mother-tongue as medium of instruction for Standards I to V.
46. In view of the G.O., there will be very heavy rush for admission in Anglo Indian and C.B.S.E., Schools. Invariably only rich and influential candidates alone will succeed in getting admission and the candidates hailing from middle and lower class will only be the disappointees.
47. For all the abovesaid reasons the G.O. is liable to be struck down on the ground that it is arbitrary and irrational and thus violative of Article 14 of the Constitution of India.
48. Even by 1950, there were some Matriculation Schools and the medium of instruction has been only in English. By 1976, the number of Matriculation Schools rose to 31 then it was 200 or so in 1987, 1000 in 1992 and as on date 2000. Till 1957, those Matriculation Schools were under the control of the University of Madras. In 1977, School Education and a Board for Matriculation Schools was also constituted to advise the Director . In this regard, the Government passed G.O.Ms.No.1720 (Education Department), dated 25.7.1977. Even thereafter, those schools continue to be fee based, using English as medium of instruction. A Code known as Code of Regulations for Matriculation Schools in the State of Tamil Nadu came into force on 27.9.1980. Clause 7 of the Code reads:
"The Matriculation Schools will continue to be fee based and use English as medium of instruction . They will continue to be free as hitherto to innovate with regard to their curriculum except for the last one year when they prepare students for the public examination."
Clause 10 of the said Code is to the effect that" the competent authority to grant permission to open a private Matriculation School will be the Director and the application will be made in the proforma prescribed in Annexure II in the said Code.