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Deva Asir Vs. The Secretary to Government, School Education Department ...

Court : Chennai Madurai

..... in the light of the tamil nadu compulsory elementary education act, 1994 and article 21-a of the constitution read with the right of children to free and compulsory education act, 2009, i am of the considered view that the state cannot deny aid to the private aided schools at school level. ..... the tamil nadu government enacted tamil nadu compulsory elementary education act, 1994, even before insertion of article 21-a in the constitution and the enactment of right of children to free and compulsory education act, 2009, that provides for compulsory education upto the age of fourteen. 28.7. ..... rule 5 of the tamil nadu compulsory elementary education rules, 1998, prescribes that a child upto the age of fourteen is entitled to compulsory education. ..... this court held that the prescription of 3 kms prohibition rule by the director is against the legislative policy of the state set out in the tamil nadu compulsory education act, 1994. ..... a policy decision has now been taken by the government of tamil nadu to provide compulsory elementary education for all children of school age in this state. ..... both the act and the rules do not speak about the powers of the director of elementary education, to make any government order, ipso facto, applicable to both the teaching and non-teaching staff, in the schools, recognised and governed by the tamil nadu recognised private schools (regulation) act. .....

R. Thirunavukkarasau and Others Vs. the State of Tamil Nadu, Rep.by It ...

Court : Chennai

..... the tamil nadu compulsory elementary education act, 1994. ..... (iv) the tamil nadu compulsory elementary education rules ..... the list of subjects, both compulsory and optional, to be taught for standards i to v and the list of compulsory and optional subjects to be taught for standards vi to viii are also given in the rules issued under the tamil nadu elementary education act ..... merely a degree in a subject as the essential qualification and hence the state cannot, without amending the rules, exclude the dual degree holders from the purview of these rules; (iv) that the question as to whether an additional degree obtained in a different ..... in view of the constitutional scheme of things; (ii) that the national council for teacher education act and the regulations framed thereunder also do not distinguish a graduate holding a 3 year degree in a subject and a graduate holding a one year degree in the same subject along with a 3 year degree in another subject and hence the state cannot act contrary to the scheme of ncte; (iii) that the tamil nadu elementary education act, 1920, the rules issued thereunder and the statutory rules issued under the proviso to article 309 of the constitution, all prescribe .....

The Government of Tamil Nadu, Rep. by Its Secretary, Department of Sch ...

Court : Chennai

Reported in : AIR2002Mad195

..... , 'the tamil nadu compulsory elementary education act, 1994 (t.n.act 33 of 1995) in which the education has been made compulsory for each child and depriving a child of education or not sending a child to take education has been recognised as an offence. ..... chandru, learned senior counsel also referred to the act the tamil nadu compulsory elementary education act, 1994 passed by the state government. ..... in our opinion, individually each application will have to be assessed in the light of not only the guidelines provided by the national council but also in view of the dire need to spread atleast the elementary and middle school education, making it available to each child in the state of tamil nadu. ..... we would like to point that 'elementary education' is almost in the nature of 'fundamental right' as recognised in unnikrishnan case. ..... this argument was also stressed by the leaned senior counsel mr.vijayan who also suggested that in view of the mandate of artical 45 of the constitution of india and the law laid down by the apex court in unnikrishnan case, the state government was bound to open many more primary, elementary and middle schools to spread education and to make education available to every child upto 14 years. ..... an act called 'national council for teacher education act, 1993', (in short 'the act') came to be enacted by the parliament and the council was established thereunder more particularly section 3 thereunder. .....

The Unemployed Secondary Grade Teachers Welfare Association Vs. the St ...

Court : Chennai

Reported in : (2008)6MLJ224

..... while considering the invalidity of such procedure or practice on the anvil of articles 14, 16(2) and 19(1) of the constitution, though the learned single judge found some substance in the submission yet, repelled the same by observing that the validity of the impugned orders, which had been issued in accordance with rules 3 and 9 of the special rules for the tamil nadu elementary educational subordinate service and rule 10(a) of the tamil nadu state and subordinate service rules , could not be tested without specific challenge to the validity of the rules.6.1 the decision of the division bench of this court reported in 1982 ..... a parliamentary law as envisaged under article 16(3) and article 33 of the constitution and since the learned single judge has placed so much reliance on the provisions of the employment exchanges (compulsory notification of vacancies) act and the rules thereunder to justify such obnoxious discrimination between a citizen of the very same state as compared to another citizen of the very same state, we now travail to consider the submissions made on that score.22.the employment exchanges (compulsory notification of vacancies) act is a central act enacted by the parliament to provide for the compulsory notification of vacancies to employment exchanges. .....

T.S. Anbarasu and Others Vs. The State of Tamil Nadu, Rep. by its Secr ...

Court : Chennai

..... the case of the petitioners is that the parliament enacted the right of children to free and compulsory education act, 2009, (act) and in exercise of the power conferred under section 23(1) of the act, the national council for teacher education (ncte), issued notification dated 23.08.2010, prescribing eligibility criteria for appointment as teachers. ..... 15.11.2011 and insisting on a pass in teacher eligibility test as a minimum qualification for appointment to the posts of graduate assistants in classes vi to x in the schools coming under the directorate of school education and elementary education to the petitioners who have completed the certificate verification process for the said posts based on employment exchange seniority and consequently direct the respondents to select the petitioners who have completed the selection process conducted by the 3rd respondent to the posts of graduate assistants in classes vi to x only based on employment exchange seniority communal rotation ..... against the order passed by the division bench in the review application, the government of tamil nadu preferred appeals to the hon'ble supreme court in civil appeal nos.9204-05/2014. .....

K.R. Ramaswamy @ Traffic Ramaswamy Vs. State rep. by Special Officer, ...

Court : Chennai

Reported in : AIR2008Mad25; 2007(5)CTC113; (2007)5MLJ486

..... in order to ensure that all students studying in standards i to x in all schools in the state to learn tamil as compulsory subject, the government of tamil nadu, as a policy, enacted the tamil nadu tamil learning act, 2006 (act no. ..... 18640/f1/06 dated 17.6.2006 directing all the district chief educational officers, district educational officers, district elementary educational officers, inspectors of matriculation schools, educational officers of anglo-indian schools, educational officers of corporation schools, assistant elementary educational officers and other educational officers to implement the policy decision of the government in a phased manner from the academic year 2006-2007.3. ..... it appears that the state government had taken the policy decision to make tamil language compulsory from the standard i onwards keeping in mind that a proper understanding of the tamil language is absolutely required for smooth running of the day-to-day affairs of the people living in the state and for carrying out the daily administration, particularly, when the official and common business in the state is carried in tamil language only.37. ..... 13 of 2006) (hereinafter referred to as the 'act'), which received the assent of the governor on the 9th june, 2006, and published in the tamil nadu government gazette extraordinary on 12th june, 2006. ..... pursuant to the act, the director of elementary education issued the circular in na. ka. no. ..... (1994) 1 scc 550 : . .....

S.Vincent Vs. 1.State of Tamil Nadu,

Court : Chennai

..... as a matter of fact, the contention of the government that the impugned order reducing the pass mark in the teacher eligibility test is a policy decision of the government, has to be rejected on the very same ground on which the supreme court held as ultra virus, the tamil nadu uniform system of school education (amendment) act 2011 in state of tamil nadu v. ..... (b) about 15 years thereafter, the government of tamil nadu enacted the tamil nadu teachers education university act under act no.33 of 2008 and a university was ..... 226 of the constitution of india, praying for issuance of a writ of certiorarified mandamus, calling for the records pertaining to the impugned clause 9 (a) of the communication of the 4th respondent in no.76-4/2010/nctc/acad, dated 11.02.2011 and the impugned notification of the 2nd respondent in g.o.ms.no.25, school education (trb) department, dated 06.02.2014, quashing the same and consequently directing the respondents not to give appointment to the candidates,without securing 60% marks in the qualifying test, namely teacher eligibility test, conducted , as requirement of section 23 of the right of children to free and compulsory education act, 2009. ..... the statistics would indicate that out of the 12,50,775 schools imparting elementary education in the country in 2007-2008, 80.2% were all types of government schools, 5.8 % private aided schools and 13.1% private unaided schools ..... in 1994, nearly 22% of rural children were enrolled in government-aided schools .....

State of T.Nadu and ors. Vs. K Shyam Sunder and ors.

Court : Supreme Court of India

..... no.6143/2011 whereby the high court has struck down section 3 of the tamil nadu uniform system of school education (amendment) act, 2011 (hereinafter called the amendment act 2011) and issued directions to the state authorities to implement the provisions of the tamil nadu uniform system of school education act, 2010 (hereinafter called the act 2010), i.e. ..... 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. ..... the government of india issued notification dated 31.3.2010, published in the official gazette of india on 5.4.2010, recognizing the ncert as the academic authority to lay down the curriculum and evaluation procedure for elementary education and to develop a framework on national curriculum ..... there can be no board examination upto the level of elementary education but the assessment norms may be specified. ..... the members would be appointed from amongst persons having knowledge and practical experience in the field of elementary education and child development ..... the right of a child should not be restricted only to free and compulsory education, but should be extended to have quality education without any discrimination on the ground of their economic, social and cultural .....

The State of Tamil Nadu Rep. by its Secretary to Government School Edu ...

Court : Chennai

..... thereafter, the right of children to free and compulsory education act, 2009 (act 35 of 2009) (for brevity rte act ) came into force in the state of tamil nadu with effect from 01.4.2010. 8. ..... thus, it is made clear that rte act is valid and is applicable to the recognised school imparting elementary education and includes a school established, owned or controlled by the appropriate government or a local authority, an aided school receiving aid or grants, a school belonging to specified category and also unaided school not receiving any kind of aid or grants. 10. ..... the said academic authority has indicated to all the states that the teachers to be recruited in future for the elementary segment should have passed the "teacher eligibility test"(tet) to be conducted by the appropriate government in accordance with the guidelines framed by the national council for teacher education for the purpose. 3. ..... :- categorymaximum marksminimum marks (%) to be obtained in tntetpaper ipaper iigeneral15060% or 90 marks60% or 90 markssc, st, bc, bc(m), mbc, dnc and persons with disability (pwd)15055% or 82.5 marks rounded off to 82 marks55% or 82.5 marks rounded off to 82 marksb) relaxing 5% marks from the 60% marks prescribed for clearing of the tamil nadu teacher eligibility test, 2013 held on 17.8.2013 and 18.8.2013 for scheduled caste, scheduled tribes, backward classes, backward classes (muslims), most backward classes, de-notified communities and persons with disability (pwd .....

Solomon Matriculation School Vs. the Chief Educational Officer

Court : Chennai

..... as far as the nursery schools are concerned, they need not follow the rules and regulations of the tamil nadu private schools regulatino act, 1973 as they are not come under the purview of the tamil nadu private schools regulation act, 1973. ..... he has filed the present writ petition seeking for a direction to the official respondents 1 to 3 to take necessary steps to close down the 4th respondent / school after following the tamil nadu recognised private schools (regulation) act, 1974 and the rules framed thereunder as well as the code of regulations for approved nursery and primary school and pass necessary orders. ..... in the counter affidavit it is stated that no objection certificate from the neighbouring school within a radius of one kilometer need not be obtained as they are outside the purview of the tamil nadu recognised private schools (regulation) act, 1973, and the neighbouring nursery school will no way affect the recognised school. ..... 3.on notice from this court, the 2nd respondent / district elementary educational officer, tuticorin has filed a counter affidavit dated 08.11.2010. ..... article 45 of the constitution envisages compulsory education for children. ..... the state shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the state may, by law, determine. .....