Striking down the amending Act on common syllabus, which deferred the implementation of samach-eer kalvi from classes 1 to 10, the Madras high court on Monday directed the state government to distribute textbooks printed under the uniform system of education on or before July 22 to enable teachers to commence classes.
In its 81-page judgment, a division bench comprising chief justice M.Y. Eqbal and justice T.S. Siva-gananam said, “Section 3 of the Tamil Nadu Uniform System of School Education (Amendment Act 2010) is unconstitutional and ultra vires to Article 14 of the Constitution of India and is accordingly struck down.”
The bench said it was evident that the purpose and intent of the amending Act was in effect to do away with the uniform system of education under the guise of putting on hold the implementation of the parent Act, which the state was not em-powered to do more so when its validity had been upheld by the division bench, which judgment and order was confirmed by the SC.
The bench also rejected the plea made by advocate general A. Navaneethakris-hnan to suspend the operation of the order to enable the state government to file an appeal before the SC. However, according to advocate general, the state government will file an appeal against the judgment before the SC in a day or two.
Allowing a batch of petitions from K. Shyam Sundar and others, the bench said in terms of the recommendations made by the members of the committee constituted pursuant to the direction issued by the SC, the syllabus and textbooks shall be reviewed and the objectionable portions be ordered to be deleted and the materials or portions which were required to be included as per their suggestions may be added and supplied to students in the form of an additional booklet within three months.
The state shall notify the approved textbooks from among the textbooks already stated to have been submitted to the government on or before July 22, the bench added.