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whether the legislatures has got power to pass an act superseding the court order

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 BRIEF FACTS :-In   the   State   of   Tamil   Nadu,   there   had   been   different   Boards 

        imparting   basic   education   to   students   upto   10th  standard, 

        namely, State  Board,   Matriculation   Board,  Oriental   Board  and 

        Anglo-Indian   Board.     Each   Board   had   its   own   syllabus   and 

        prescribed   different   types   of   textbooks.   In   order   to   remove 

        disparity   in   standard   of   education   under   different   Boards,   the 

        State   Government   appointed   a   Committee   for   suggesting   a 

        uniform   system   of   school   education.     The   said   Committee 

        submitted its report on 4.7.2007.  Then another Committee was 

        appointed to implement suggestions/recommendations made by 

        the said Committee.
During   the   intervening   period,   The   Right   of   Children   to   Free 

      and Compulsory Education Act, 2009 (hereinafter called the Act 

      2009),   enacted   by   the   Parliament,   came   into   force   with   effect 

      from 1.4.2010 providing for free and compulsory education to 

      every   child   of   the   age   of   6   to   14   years   in   a   neighbourhood 

      school   till   completion   of   elementary   education   i.e.   upto   8th 

      standard.     The   Act   2009   provided   that   curriculum   and   the 

      evaluation   procedure   would   be   laid   down   by   an   Academic 

      Authority to be specified by the appropriate State Government, 

      by   issuing   a   notification.   The   said   Academic   Authority   would 

      lay   down   curriculum   and   the   evaluation   procedure   taking   into 

      consideration various factors mentioned under Section 29 of the 

      Act   2009.   Section   34   of   the   Act   2009   also   provided   for   the 

      constitution of a State Advisory Council consisting of maximum 

      15 members.  The members  would be  appointed from amongst 

      persons having knowledge and practical experience in the field 

      of   elementary   education   and   child   development.     The   State 

      Advisory   Council   would   advise   the   State   Government   on 

      implementation of the provisions of the Act 2009 in an effective 

In order to give effect 

      to the said Cabinet decision, steps were taken on administrative 

      level   and   thus,   the   Tamil   Nadu   Uniform   System   of   School 

      Education   Ordinance,   2009   was   issued   on   27.11.2009   which 

      was   published   in   the   official   Gazette   on   30.11.2009.     The 

      Ordinance   was   subsequently   converted   into   the   Act   2010   on 

1.2.2010.
 CHENNAI HIGH COURT :-writ   petitions   were   filed   in   the   High   Court   of 

        Madras challenging the validity of various provisions of the Act 

        2010.   A Division Bench of the High Court vide judgment and 

        order dated 30.4.2010 held   that the provisions of Sections 11, 

        12   and   14   were   unconstitutional   and   struck   down   the   same 

        while the Court issued elaborate  directions  for implementation 

        of the common syllabus and the textbooks for Standards I and 

        VI by the academic year 2010-11; and for all other Standards by 

        the academic  year 2011-12 or until the State makes  the norms 

                                                                                        5

      and the syllabus and prepares the textbooks in advance for the 

      same.   Further directions were issued by the Court to the State 

      Government   to   bring   the   provisions   of   the   Act   2010   in 

      consonance   with   the   Act   2009   and   notify   the   Academic 

      Authority and the State Advisory Council under the Act 2009. 

      The State was also directed to indicate approved textbooks from 

      which   private   unaided   schools   could   choose   suitable   for   their 

      schools.   The Court further directed the Government to amend 

      the Act to say that the common/uniform syllabus was restricted 

      to   five   curricular   subjects,   namely,   English,   Tamil, 

      Mathematics,   Science   and   Social   Science   which   the   schools 

      were   bound   to   follow,   but   not   in   respect   of   the   co-curricular 

      subjects.     The   aforesaid   judgment   was   duly   approved   by   this 

      Court vide order dated 10.9.2010 while dismissing large number 

      of SLPs filed against the same by a speaking order.
 SUPER SEEDING THE COURT ORDER :-However,   there   was   a   change   of   State   Government   following 

      the general elections of the State Assembly, on 16.5.2011. After 

      completing   the   formalities,   the   Government   amended   the   Act 

      2010   by   the   Amendment   Act   2011,
The High Court after considering 

       the said report, vide judgment and order dated 18.7.2011, found 

       fault with the report of the Expert Committee and struck down 

       Section   3   of   Amendment   Act   2011   with   a   direction   that   the 

       State   shall   distribute   the   textbooks   printed   under   the   uniform 

       system of education to enable the teachers to commence classes, 

       and complete distribution of textbooks on or before 22.7.2011.
  The   State   has   sought   to   achieve   indirectly   what 

could   not   be   achieved   directly   as   it   was   prevented   from 

doing   so   in   view   of   the   judgment   of   the   Division   Bench 

which upheld the validity of the Parent Act 2010.

 The   Amendment   Act   2011   is   an   arbitrary   piece   of 

         legislation   and   violative   of   Article   14   of   the 

         Constitution   and   the   Amendment   Act   2011   was 

         merely   a   pretence   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  empowered to do so.

      If   the   impugned   Amending   Act   has   to   be   given 

          effect to, it would result in unsettling various issues 

          and   the   larger   interest   of   children   would   be           jeopardized      manner.
JUDGEMENT OF APEX COURT :- Their lordships of apex court dismissed the case of Tamil Nadu State.
for details see my website - Apex court case law

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