CHENNAI: The first division bench of the Madras High Court comprising Acting CJ M Duraiswamy and Justice Sunder Mohan, on Thursday, referred a petition filed by DMK MLA Dr Ezhilan Naganathan seeking orders to bring education back to the State List from the Concurrent List to a full bench with three judges since the matter involves constitutional issues.
Senior advocate NR Elangao, appearing for the petitioner, submitted a memo and sought reference to a full bench. The memo raised questions over violations of the basic or federal structure of the Constitution in dealing with the subject ‘education’ at non-graduate level. Subsequently, the bench referred the matter to a full bench.
Ezhilan Naganathan, who filed the petition in 2021 on behalf of a trust Aram Seyya Virumbu, pointed out that under the Government of India Act, 1935, the entire gamut of education was reserved for the provincial governments.