The Madras High Court on Monday struck down an amendment to the Tamil Nadu Uniform System of School Education Act, introduced by the AIADMK government to defer implementation of the ‘samacheer system,' as unconstitutional and ultra vires Art.14 of the Constitution.
Allowing appeals challenging the amendment, the First Bench, comprising Chief Justice M.Y. Eqbal and Justice T.S. Sivagnanam, directed the State to forthwith distribute textbooks printed under the ‘samacheer' education to enable teachers to commence classes. Such distribution should be completed by July 22.
In terms of the recommendations made by individual members of the committee constituted pursuant to the Supreme Court's direction last month, the syllabus and textbooks should be reviewed and objectionable portions deleted. The material or portions which are required to be included as per the panel's suggestions may be added and supplied to students as an additional booklet within a reasonable time, three months.
The State should notify the approved textbooks from among the textbooks already stated to have been submitted to the government by July 22.
Soon after the High Court's verdict, Advocate-General A. Navaneethakrishnan said the Tamil Nadu government would go in appeal to the Supreme Court. In its preface to the order, the Bench observed, “About one crore twenty three lakh schoolchildren of Standards I to X in the State of Tamil Nadu are without any textbooks and syllabus, and along with their parents, they are in a dilemma as to whether the Uniform Syllabus which was to commence as per the Tamil Nadu Uniform System of School Education Act, 2010, would be postponed because of the amendment brought in the Act by the new government immediately after coming to power, and also as to whether the textbooks as per the new syllabus got printed and made ready by spending about 200 crore rupees of public money by the erstwhile government would be destroyed or disposed of.”
The court said it had no hesitation to hold that if the impugned amendment was allowed, the impact on the education system and over one crore students would be tremendous and result in far-reaching consequences. The State had exceeded in its powers in bringing the amendment Act to postpone an enactment which had already been implemented.
An amending Act, which had the effect of repeal of the parent legislation under the guise of postponement of its implementation, when in fact the parent Act had already been implemented, though partially, should be held to be an arbitrary piece of legislation.
The Bench observed that the conclusion given in the final report appeared to be not the true reflection of individual comments of the committee members, though they had given individual letters that the report contained their suggestions.
It concluded its judgment observing, “We hope and trust that every endeavour shall be made by the State to implement the Uniform System of Education and achieve excellence, taking note that the children of today are the future of our country.”
First of all Please give the text books to the children then you may fight your legal and political battle!Even after the Hon'ble Supreme Court's Order no books had been issued until today. How much respect they have given to the Apex Court! Both old syllabus and Uniform Educational system book were stocked in the where-houses which should be in the hands of the students. None seems to be bothered about it. Whether the Hon'ble court won't ask for the action taken on it! In this circumstance whether it is good to say 'Justice pronounced but not seen whether it is done or not.
The order doesn't consider the premises under which they are saying Samacheer Kalvi should be implemented. In a way, our Judicial system is also responsible for such a delay in the commencement of studies this year for our students. I think it is the right time for looking at the uniform syllabus across the country and there shouldn't be any such boards like CBSE, ICSE, Matric, Anglo Indian and State Board. If we are able to think in this line and bring up the same to the reality, then it would be really good progress in Academics.
That the samacheer kalvi scheme is the long pending demand is not true. The committee headed by Dr Muthukumaran was constituted by DMK regime following the directives of National Curriculum Framework NCF2005 to set up equitable quality education for all. The actual demand of the people has nothing to do with the NCF directed Samacheer Kalvi. No body is exposing the actual content, diluted teaching method, retention of no-detention policy, No funding by govt for new schools, teacher-student ratio etc. Similar scheme and Uniform syllabus is there in neighbour hood states; has it checked proliferation of pvt schools? rather people are running away from govt schools to pvt. In a couple of years from now, the actual samacheer kalvi should be evolved by an independent committee of educationist and parents independent of NCF2005.
It's time that a common system of education is evolved for the whole country. We should appreciate the former government of Tamil Nadu for devising a common syllabus and doing away with the different streams of education prevalent in Tamil Nadu. The then government had taken commendable steps in terms of consulting all the political parties and then involved all the eminent educational experts to frame the smacheer syllabus. The current controversy is needless and should be put an end to immediately. The children have already lost a good part of their precious education year. Samacheer Kalvi of Tamil Nadu should be considered as the most important first step towards the introduction of a uniform education system for the country as a whole.
Eventhough i feel samacheer kalvi is not that appropriate, i would say the decision by the court is laudable. Politicians must stop treating people like cows just to satisfy their vengeance with their opponents. They are here to serve us and not the other way around. Amma might have a noble intention, but this is not the way to do it.
Hope the books get distributed by the deadline mentioned and the kids start their academic year atleast in August. We, the unfortunate people at the receiving end of such idiocrosies having no say on such willfull deeds of individuals, makes one feel bad.
It is high time for the Government of Tamilnadu to implement SAMACHEER KALVI as per Court order.The chief minister needs to appreciate the concerns of all concerned and should act without any further delay.Further delay will have adverse impact on students pursuing their education for the current acadamic year
The judgement has come and i hope the students will have access to the text books and teachers can now focus on their job. Let us respect the court orders and go by the suggestions of bringing in change in the text material in certain subjects wherever necessary which i feel is correct in the present situation to avoid further delay in teaching. Let the commitee be of subject experts so that the recommendation be fair and suitable for all students pursuing class x in the state
CBSE system is favored by the Rich and the upper class. Govt must adapt syllabus equivalent to CBSE and all other systems should be removed
This is very late judgment. It should have come in the first week of June-2011. It is very good and welcome this judgment, it indicate that there should not be any differentiation in the educational system at least high school level. So that, the student get the confident to go to higher study without any second thought.
Its a welcome judgement, we did not elect Jayalalitha to scrap everything that Karunanidhi did, she would end up same way as Karunanidhi after 5 years if she continues this style instead of thinking ahead.
I have seen the syllabus before admited my daugher in INDIA. It gives more emphasis on thinking, learning and creativity. It is more oriented towards understanding the concepts,analytical knowledge than mugging the answers.It will almost avoid rote learning concept of existing system, More colorful pictures for clarify and creating an interest. It is comparable with Singapore-Cambridge system of Education.This syllabus is not without faults. It needs to improve not immediately but it will take atleast couple of years.
The present C.M Jaya is not interested in children future but more interested in settling political score with Karunanidhi. People thought she might have learned by her past mistakes,when she was out of power, but she proved them wrong.At least for the sake of tamilnadu children future ,she should listen to high court and implement samachheer kalvi
Sir, The verdict or judgment of the High Court regarding 'Samaseer Kalvi scheme', is vague and not clear enough for immediate implementation. This judgment could have been given already. What was the essence of the high-power committee constituted instituted as per the directions of the Supreme court. Notwithstanding all these facts, the State Government should not go for appeal and waste further time. They should distribute the text books alreay printed, and try to rectify the short-comings in coursr of time as advised by the court.
Can a student studying in Tamilnadu under the proposed Uniform System (Samacheer Kalvi)join in any other school in other States without difficulty? If the answer is yes then this proposed system is justified. If not, it requires rethinking. Already we have been denied Hindi and now perhaps it is the decline of English. The next generation may well have to be contented to spend the rest of their lifetime within the confines of Tamilnadu while the rest of the country enjoys universality.
After considerable lapse of time the High Court Order brings in much relief to the affected children. It is regrettable that the State govt. choose very hasty and adament steps in great hurry thinking that they have an opportunity to settle personal scores; the report of the Commitee appointed by the present Govt. was stage managed, and its members were incompetent to review or revise the syllabus. There is no hurry for revision; it can be done over the whole of this year by competent educationalists for all classes to raise the standards and implemented from next academic year. It is condemnable that the State Govt. still seems to stand on false prestige and wants to delay matters by going again to the Supreme Court in appeal; whereas the SC has already ruled that the Equitable Scheme of syllabus for 6th and 10th should be implemented this year itself. The welfare of the students seems to be the least consideration fo the present govt. Hope good sense and nobility prevails.
The Madras High Court has dleivered a most reasonable Judgment on Samacheer system. However whether there is any flaw in the earlier system is not forth coming. Rs 2 Cr worth Books already printed is a cause for concern. TN Govt could have dopted caution in amending the erstwhile Act. It has 5 years to rule the State. Hurry makes waste. The CM should personally look into the system and do the needful to protect the welfars of school children. Hard earned victory in May 2011 SHOULD BE PROTECTED BY CM WITHOUT EARNING DISPLEASURE OF MASSES.Hope wiser counsel prevails.
"Samacheer kalvi" was introduced in Tamil nadu after a long period of legal battle, wide range of discussions and preparations was done in depth by appropriate and eminent people. The only black mark in the text books is the personal exhibitings of Karunanithis family and the DMK. There is no fault in the system. The black mark can be removed and let the Samacheer Kalvi system go on.
The new government, it appears, has indeed acted in haste, only with the sinister intentions of tarnishing the image of the previous govt. The result has only been damaging to its own self and playing havoc with the education of students whose parents might have voted it to power. Amma does not seem to have realized that what people want is good governance, not petty politics.
It is wrong of the Court to presume that Uniformity equals Excellence To the contrary, uniformity sets uniformly poor standards. Uniformity also allows meddling governments to incorporate politically expedient material into students' textbooks. The need of the hour is to allow freedom to individual schools to pick textbooks of their choice in accordance with the capabilities of the students and teachers in their institutions. Talented students should adopt higher standards, and students who struggle to cope should adopt an easier standard so that learning can be fun for all.
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