SC extends exemption to linguistic minority faculty college students from writing Tamil language paper

Express News Service

NEW DELHI: The Supreme Court on Monday prolonged by one yr the exemption granted to college students learning in linguistic minority faculties from writing the Tamil language paper within the Class 10 board examination.

Noting that it’s unattainable to take a last name on the matter for time being, a bench led by Justices SK Kaul and Manoj Mishra of their order stated, “It’s not possible to take a final call on the matter. An interim arrangement which was earlier applied in terms of the Madras High Court’s order is there…we extend it for a period of 1 year more.” 

The excessive court docket in September 2019 stated the federal government letter of July 18, 2016, which contained the rules for granting exemption to college students from writing the Tamil language paper within the Class 10 board examination, couldn’t be quashed.

However, the excessive court docket had directed the authorities involved to grant exemption to college students in linguistic minority faculties from writing the Tamil language paper within the Class 10 examination for the 2020-2022 tutorial years. It had famous that beneath the rules, solely these college students who’ve migrated from different states may apply for exemption.

“The following guidelines are issued for consideration and disposal of applications for exemption from students seeking exemption from writing Tamil in the 10th standard board examination: “a) college students whose mother and father are in authorities service or within the employment of public sector undertakings/establishments/firms/companies/personal employment/enterprise or some other type of employment in different states and have been transferred/relocated to Tamil Nadu in the course of the course of the tutorial yr and who haven’t studied Tamil as a language within the faculty within the state from which they’ve migrated are eligible to use,” a July 2016 letter stated.

The prime court docket’s order got here for a plea difficult the HC’s order.

Opposing the aid sought, senior advocate AM Singhvi for Tamil Nadu Government stated that computerized extension can’t be sought for the reason that discussion board had misplaced within the HC. 

“Having lost the matter, he (the petitioner) cannot automatically seek an extension of the relief. Only 860 students applied for the exemption. He comes to SC in 2022 and applies for relief. He says that next year give it to me. The judgement is of 2019 and the relief was for 2 years. We’re not saying that we won’t teach Tamil. I can’t agree that in TN, Tamil will not be taught. Let him take the exam this year,” Singhvi stated. 

The plea acknowledged that in spite of the discussion board accepting the State’s choice to show Tamil to the college students, the State has eliminated all minority languages, that are the mom tongues of the Linguistic Minorities, from obligatory topics. It was asserted that this disadvantaged the scholars of studying their mom tongue and infringed upon their basic proper to training within the language of their alternative on the Primary and Secondary ranges.

“The State cannot infringe upon this fundamental right of the citizen to exercise it in the manner that he/she wishes to exercise. The decision as to what is appropriate for a student has to be taken by the student and his parents and their right to choose the same cannot be taken away by the Govt and all such actions which restrict the right of the citizens to choose, is a violation of their fundamental right under Article 19, 21A, 29 & 30 of the Constitution of India,” the petition additionally acknowledged.

“The guidelines in the form of a letter dated July 18, 2016, have all the attributes and trappings of being authoritarian by excluding the linguistic minorities of the state from seeking exemption from writing the Tamil language paper in 10th standard public examination,” the petition alleged.

(With PTI inputs)

NEW DELHI: The Supreme Court on Monday prolonged by one yr the exemption granted to college students learning in linguistic minority faculties from writing the Tamil language paper within the Class 10 board examination.

Noting that it’s unattainable to take a last name on the matter for time being, a bench led by Justices SK Kaul and Manoj Mishra of their order stated, “It’s not possible to take a final call on the matter. An interim arrangement which was earlier applied in terms of the Madras High Court’s order is there…we extend it for a period of 1 year more.” 

The excessive court docket in September 2019 stated the federal government letter of July 18, 2016, which contained the rules for granting exemption to college students from writing the Tamil language paper within the Class 10 board examination, couldn’t be quashed.

However, the excessive court docket had directed the authorities involved to grant exemption to college students in linguistic minority faculties from writing the Tamil language paper within the Class 10 examination for the 2020-2022 tutorial years. It had famous that beneath the rules, solely these college students who’ve migrated from different states may apply for exemption.

“The following guidelines are issued for consideration and disposal of applications for exemption from students seeking exemption from writing Tamil in the 10th standard board examination: “a) college students whose mother and father are in authorities service or within the employment of public sector undertakings/establishments/firms/companies/personal employment/enterprise or some other type of employment in different states and have been transferred/relocated to Tamil Nadu in the course of the course of the tutorial yr and who haven’t studied Tamil as a language within the faculty within the state from which they’ve migrated are eligible to use,” a July 2016 letter stated.

The prime court docket’s order got here for a plea difficult the HC’s order.

Opposing the aid sought, senior advocate AM Singhvi for Tamil Nadu Government stated that computerized extension can’t be sought for the reason that discussion board had misplaced within the HC. 

“Having lost the matter, he (the petitioner) cannot automatically seek an extension of the relief. Only 860 students applied for the exemption. He comes to SC in 2022 and applies for relief. He says that next year give it to me. The judgement is of 2019 and the relief was for 2 years. We’re not saying that we won’t teach Tamil. I can’t agree that in TN, Tamil will not be taught. Let him take the exam this year,” Singhvi stated. 

The plea acknowledged that in spite of the discussion board accepting the State’s choice to show Tamil to the college students, the State has eliminated all minority languages, that are the mom tongues of the Linguistic Minorities, from obligatory topics. It was asserted that this disadvantaged the scholars of studying their mom tongue and infringed upon their basic proper to training within the language of their alternative on the Primary and Secondary ranges.

“The State cannot infringe upon this fundamental right of the citizen to exercise it in the manner that he/she wishes to exercise. The decision as to what is appropriate for a student has to be taken by the student and his parents and their right to choose the same cannot be taken away by the Govt and all such actions which restrict the right of the citizens to choose, is a violation of their fundamental right under Article 19, 21A, 29 & 30 of the Constitution of India,” the petition additionally acknowledged.

“The guidelines in the form of a letter dated July 18, 2016, have all the attributes and trappings of being authoritarian by excluding the linguistic minorities of the state from seeking exemption from writing the Tamil language paper in 10th standard public examination,” the petition alleged.

(With PTI inputs)