Indian Kanoon - Search engine for Indian Law

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.

19. It is contended that even though the Chairman of the committee, Mr. Justice S.Mohan (retired Judge of the Supreme Court) is respected by one and all, inasmuch as he has expressed his view in a Judgment, as a Judge of the Supreme Court, though not a ruling on this subject, the Government should not have requested him to be the Chairman of the committee.

20. Attention of this Court was drawn to G.O.Ms. No. 1720 (School Education C2 Department), dated 25.7.1977 in and by which the Government took over the control of all the Matriculation Schools and constituted a Board of Matriculation Schools to advise the Director of School Education (Matriculation Schools). According to the said G.O., the Board shall advise the Director of School Education in charge of all Matriculation Schools, on all matters referred to it and on all matters pertaining to Matriculation Schools. It further says that the Board shall be consulted on the courses of study, text books and examinations for Matriculation Schools. The G.O. is further to the effect that the Board shall constitute a separate committee to get expert advice on such matters like framing of the courses of study and preparation of syllabus etc., The said G.O. is very much in force. The said G.O. has not been rescinded. We do not find any rhyme or reason in the State Government ignoring the Board of Matriculation Schools and in not nominating even one of the members from the said Board, while constituting the committee. Apart from that the Government should have nominated some members, representing the minorities as well. In the facts and circumstances of the case, we would have appreciated, if child Pschylogists and Neurologists were also nominated. We hold that the appointment of members to the committee was not in accordance with the acceptable standards and norms, as there were no representatives from the Board of Matriculation Schools/ minorities etc., who are really concerned/affected. The decisions of the Government in this regard and orders passed are arbitrary and irrational.

B

38. Whether G.O.Ms. No. 324 (School Education C2 Department), dated 19.11.1999 is liable to be quashed? and if so for what reasons?

"English " has been the medium of instruction in all the Matriculation Schools right from 1950. In the year 1976 i.e. on 19.7.1976, a meeting of the Management of Matriculation Schools with the Government and the Madras University was convened by the Vice Chancellor of the University of Madras.

It was decided that the Director of School Education of Government of Tamil Nadu will take over the control of the Matriculation Schools from the University. Necessary G.O. was issued in this regard. Government also issued G.O.MS.NO. 1720 (Education Department) in 1977, setting up a Board of Matriculation Schools. The Board consists of representatives of Managements of Matriculation Schools, Headmasters, Teachers and special interests and the department officials. As per the said Government Order, the Board has to advise the Director of School Education, in charge of Matriculation Schools from time to time on all matters referred to it and on such matters relating to Matriculation Schools and that the Board shall be consulted on the courses of study, syllabus, text books and examinations for the Matriculation Schools. The G.O. is further to the effect that the Board shall constitute separate committees for any specific purpose or to get any expert advice on such matters like, framing of courses of study and preparation of syllabi. At that time, there were only thirty Matriculation Schools. In. 1992, there were one thousand Schools and as on to-day, there are two thousand Matriculation Schools. The said G.O.Ms. No.1720 (Education Department), dated 25.7.1977 is still in force. Admittedly, as already pointed out in the committee the representatives of the Managements/Heads of Institutions/Teachers/ public interest/minorities were not included. When the Government thought that the Board of School Education should take the advice of the Board of Matriculation Schools even to decide about the courses of study, syllabus, text books etc., the Government could have in all fairness before passing the impugned order asked the Board of Matriculation Schools, the managements' association/parents association to put forth their views/objections for the purpose of considering. This is necessary as could be noticed from the ruling of the Apex Court which ruled: "a change in policy must be made fairly and should not give the impression that it was done so arbitrarily or by an ulterior criteria". Srilekha Vidyarthi Vs State of U.P. .

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: