Dismiss writ plea against deferment of Samacheer Kalvi: school managements

Updated on: Wednesday, June 01, 2011

The mere upholding of the validity of the Tamil Nadu Uniform System of School Education Act will not preclude the present State government from taking any policy decision on this subject, the Tamil Nadu Nursery, Primary, Matriculation and Higher Secondary Schools Managements Association has said.

In a petition, filed through counsel R. Suresh Kumar and V. Balaji before the Madras High Court seeking to implead itself in a writ petition by K. Shyam Sunder of Mandaveli, who has challenged the AIADMK government's policy decision to defer the implementation of the 'Samacheer Kalvi Thittam,' the association, represented by its general secretary D. Christdass, said finding fault with the present government's decision would never be a sound legal proposition.

Stating that the writ petition should be dismissed, the association said that it was a well settled law that any elected government, both at the Centre and the State, was empowered to take any policy decision for the people's welfare for which the mandate was given to such a government.
Policy decisions

Such policy decisions could not be questioned in courts except under circumstances where the policy was unconstitutional and violative of the fundamental rights. The present government seemed to have decided not to implement the scheme for 2011-12 because of the parents' objection that by introducing the scheme, the erstwhile government had tried to bring down the quality of education given to children through the matriculation stream. The new government's move to withhold the implementation of the scheme for the present certainly would be within its domain.

The association said it was a proper and necessary party to be heard before deciding the issue raised in the writ petition. Hence, it should be impleaded as one of the party respondents.

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