Madras High Court
P.A.Josseph vs The State Of Tamil Nadu on 23 February, 2022
W.P.No.3681 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.2.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI,
CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.3681 of 2022
P.A.Josseph .. Petitioner
Vs
1.The State of Tamil Nadu
Rep by its Chief Secretary, Secretariat
Buildings Fort St. George, Chennai-9.
2.The State of Tamil Nadu
Rep by its Principal Secretary, School
Education Department, Secretariat Buildings
Fort st George, Chennai-9.
3.The Director
Directorate of School Education,
DPI Campus, Chennai-6.
4.State of Tamil Nadu
Rep by its Principle Secretary, Health and
Family Welfare (MCA-I) Department
Fort St. George, Chennai-9.
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W.P.No.3681 of 2022
5.The Under Secretary
Prime Minister Office, South Block
Raisina Hill, New Delhi-110 011
6.The Secretary
Ministry of Education, 124-C Shastri Bhawan
Delhi-110 001 .. Respondents
Prayer: Petition filed under Article 226 of The Constitution of India
praying for the issuance of a Writ Mandamus directing respondents No.
1 to 4 to adopt the NCRET Syllabus from elementary to higher
secondary in all Tamil Nadu government and government aided
schools to enhance the education in order to meet all central and other
state governments entrance qualifying and employment exams based
on his representations dated 08.02.2021 and 23.08.2021 for that 5th
to 6th respondents allot sufficient fund to Tamil Nadu Government to
implement NCERT syllabus in all government schools as well as provide
orientation programs to government school teachers for enhancing
their teaching level and develop the sophisticated infrastructure as
soon as possible or upcoming academic year.
For Petitioner : Mr.R.Barnabas
For Respondents : Mr.P.Muthukumar
State Government Pleader
for R1 and R4
Mrs.T.Mythreye Chandru
Special Government Pleader
for R2 and R3
Mr.Prasath Ramasamy,
Central Government
Standing Counsel for R5 and
R6
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W.P.No.3681 of 2022
ORDER
(Order of the Court was made by
the Hon'ble Chief Justice)
We have heard the learned counsel appearing for the parties.
2. The writ petition has been filed seeking a direction to
respondents 1 to 4 to adopt NCERT syllabus from elementary to
higher secondary schools in the State of Tamil Nadu, so that the
students studying in the Government Schools may compete
properly for the next examination, which may be either for higher
studies or for any other competition.
3. The learned counsel for the petitioner has failed to refer to
any provision which mandates the State Government to adopt the
NCERT syllabus for the Government schools. Rather, the State
Government has come out with a syllabus and the challenge to that
did not sustain up to the Supreme Court. It was in the case of State
of Tamil Nadu & Others Vs. K.Shyam Sundar & Others [Civil Appeal
Nos.6015-6027 of 2011 dated 09.8.2011]. Apart from that, it being
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W.P.No.3681 of 2022
a policy decision not shown to be in violation of the statutory
provisions, the jurisdiction of this Court would be very limited. It is
up to the State Government to take a policy decision regarding
syllabus, whether to adopt NCERT syllabus or to provide some other
syllabus as per the Rules.
4. That being the position, the direction as sought for by the
petitioner cannot be granted. It is more so when the judgment of
the Allahabad High Court referred to by the petitioner in the case of
Shiv Kumar Pathak Vs. State of U.P. [W.P.No.57476 of 2013 dated
18.8.2015] has no application to the facts of the case.
5. Accordingly, the writ petition is dismissed finding that it is
devoid of merits. There will be no order as to costs.
(M.N.B., CJ.) (D.B.C.J.)
23.2.2022
Index : Yes/No
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W.P.No.3681 of 2022
To:
1.The State of Tamil Nadu
Rep by its Chief Secretary, Secretariat
Buildings Fort St. George, Chennai-9.
2.The State of Tamil Nadu
Rep by its Principal Secretary, School
Education Department, Secretariat Buildings
Fort st George, Chennai-9.
3.The Director
Directorate of School Education,
DPI Campus, Chennai-6.
4.State of Tamil Nadu
Rep by its Principle Secretary, Health and
Family Welfare (MCA-I) Department
Fort St. George, Chennai-9.
5.The Under Secretary
Prime Minister Office, South Block
Raisina Hill, New Delhi-110 011
6.The Secretary
Ministry of Education, 124-C Shastri Bhawan
Delhi-110 001
RS
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W.P.No.3681 of 2022
M.N.BHANDARI, CJ
AND
D.BHARATHA CHAKRAVARTHY,J
RS
W.P.No.3681 of 2022
23.2.2022
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