The Madras High Court upheld the guidelines for exempting students from taking the Class X Tamil language exam, leading the appealers to challenge the order in the Supreme Court. The apex court on Monday, January 30, said the plea would be heard on February 6.
The High Court ruled in September 2019 that the 2016 government letter detailing guidelines for exempting students from Class X Tamil language exams cannot be cancelled. The court ordered relevant authorities to grant exemptions to minority school students from writing the Tamil language paper during the academic years 2020-2022.
According to a report by PTI, the matter came up for hearing on Monday before a bench comprising Justices SK Kaul and AS Oka. The counsel appearing for the petitioner, the Linguistic Minorities Forum of Tamil Nadu, told the bench about the plea in the HC and referred to the July 2016 letter. The apex court referred to the HC order and pointed out that an exemption has been for the years 2020-2022.
The top court added that arrangements would have to be made concerning the 2-year exemption. "We will examine it. The issue is what is to be done for the students. The bench told the lawyer appearing for Tamil Nadu that the state has said that those who migrated to the state will get an exemption. Why don't you give an exemption to recognised linguistic minorities?" the bench observed.
What had happened?
A batch of pleas had been filed in the Madras High Court, challenging the guidelines issued in the July 2016 letter. The pleas also sought a direction to authorities to grant exemption to students in linguistic minority member schools from writing the Tamil language paper in the Class X exam, under part-I, from the academic year 2016-17 till the academic year 2023-24.
The pleas noted that under the guidelines, only those students who have migrated from other states could apply for an exemption. The HC, on the other hand, had noted that the guidelines were issued regarding the time schedule and eligibility criteria for applying for exemption from writing the Tamil language under paper-I compulsory subject in the SSLC board examination 2017.
What does the July 2016 letter say?
"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 - students whose parents are in government service or in the employment of public sector undertakings/institutions/companies/ corporations/private employment/business or any other form of employment in other states and have been transferred/relocated to Tamil Nadu during the course of the academic year and who have not studied Tamil as a language in the school in the state from which they have migrated are eligible to apply," a part of the document reads.
Why did the case go to SC?
In its plea filed in the apex court, the Linguistic Minorities Forum of Tamil Nadu contends that the substantial question of law that falls for consideration of the court is whether the rights of linguistic minorities guaranteed under the Constitution can be "infringed" by the state under the "garb of a state legislation which introduces Tamil as a compulsory language and consequently, restrains the students of linguistic minorities from learning their mother tongue".
"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 plea alleges," as per PTI.
