The Tamil Nadu government's decision to scrap the Uniform System of School Education (USSE) at the first Cabinet meeting of the new government was a political decision, sacrificing the lives and career of 1.20 crore students in the State, senior counsel T.R. Andhyarujina argued in the Supreme Court on Thursday.
Making his submissions before a three-judge Bench comprising Justice J.M. Panchal, Justice Deepak Verma and Justice B.S. Chauhan, the senior counsel said the subsequent decision to amend the Tamil Nadu USSE Act, 2010 without any material or study was taken in total disregard of the interests of and to the prejudice of students, parents and teachers.
On July 21 in an interim order, the Bench said, “Having regard to the facts of the case, it is directed that the State shall forthwith distribute the textbooks printed under the Uniform System of Education to enable the teachers to commence classes and such distributions shall be completed on or before August 2, 2011.” On Thursday, the Bench extended the date till August 5.
Rejecting the contention of the State counsel that the USSE would be implemented next year, Mr. Andhyarujina pointed out that nowhere in the amended law any time limit was mentioned as to when the USSE would be implemented. He said the whole object of the Act was to scrap the system for ever.
He said, “Today they say they will implement it in one year. This amendment nullifies a judicial verdict upheld by the Supreme Court and was done without any basis.” He described the whole exercise as a ‘political' and ‘knee-jerk' reaction of the new government reacting to something which the earlier government had done. They (government) ordered schools to be closed from June 1 to 15 to enable printing of old textbooks, he said. “This is toying with the fate of students”, he said.
Pointing out that the USSE was being implemented for Classes 1 and 6, he said “to throw all the expectations of students of other classes and throwing the whole system into chaos with lightning speed has caused great turmoil in the State.”
He wondered “what an education policy is this when the object of the amended law was totally unrelated to the welfare of the students. Is there any justification for this chaotic act asking students to go back to the un-unified system of four Boards of education?” If students were asked to go back to the old system, they would be confused and put to enormous stress, he said.
Refuting the charge that the directions of the April 2010 High Court judgment (upholding the law), were not implemented, he said most of the directions were implemented.
Even assuming certain directions were yet to be implemented, he asked could this be the reason for amending a key provision, which amounted to repealing the main law itself.
He said “in effect the amendment Act abrogated the syllabus and textbooks which were prescribed under the Act of 2010 leaving the school education system, the students, parents and teachers in lurch, suspense and confusion after the academic year 2011-12 had started.”
Mr. Andhyarujina argued that if the State was aggrieved with some portions in the textbooks or there was something wrong with the syllabus, these things could be corrected through administrative orders and not through a law.
In the morning, when Additional Advocate General Guru Krishna Kumar sought court intervention to prevent an agitation called by the DMK on Friday for implementation of the Samacheer Kalvi, the court said, “We can't act on the basis of newspaper reports.” Justice Chauhan observed that in an independent India everyone was free to express his opinion.
Contempt petition
However, the State has decided to file a contempt petition on Friday against DMK president M. Karunanidhi and Youth Wing Secretary and his son M.K. Stalin and a few others for giving a call to students, teachers and parents to boycott classes on Friday to demand implementation of the USSE. Arguments will continue on August 2.
