NEW DELHI: Observing that Hindi cannot be completely excluded from Tamil Nadu, the Supreme Court on Thursday asked the Tamil Nadu government to reconsider its stand on the establishment of Jawahar Navodaya Vidyalayas in the state.
"You (Tamil Nadu govt) have to change your mindset, it can’t be that Hindi will not be taught in the soil of Tamil Nadu,” observed a bench of Justices BV Nagarathna and Augustine George Masih.
The bench was hearing the Tamil Nadu government's plea challenging and opposing directions related to the establishment of Navodaya schools in every district.
While refusing to recall its earlier order, the apex court directed the state to identify land for establishing a Navodaya school in every district and granted a further three-month extension to hold discussions with the Central government.
During the hearing, Justice Nagarathna said the state needed to "change its approach and mindset towards Hindi" and urged Tamil Nadu and the Centre to resolve their differences through dialogue.
“People in Chennai should not alienate Delhi and vice versa,” the court remarked, emphasising that the establishment of Navodaya schools would provide additional quality educational opportunities without lowering the standards of Tamil Nadu's existing education system.
Tamil Nadu has opposed the establishment of Navodaya Vidyalayas, citing their three-language policy, which includes Hindi. The bench fixed the matter for further hearing on December 14.
Arguing for the Tamil Nadu government, counsel Jaideep Gupta submitted that Jawahar Navodaya Vidyalayas exist across the country. However, the Tamil Nadu government cannot accept them as the policy runs counter to the state's educational policies. In Navodaya schools, Hindi is prioritised, while Tamil is relegated to the background. The Central government has not released the Rs 5,000 crore in funds due to Tamil Nadu for the education sector.
"Given this situation, the state should not be compelled to accept the Central government's policy regarding Navodaya schools. The policy itself states that adoption is optional and depends on the state government's willingness," he submitted.
The Supreme Court had issued an interim order in December last year directing the identification of land for a Navodaya school in every district of Tamil Nadu. Gupta said the state had therefore filed a petition seeking the withdrawal of the order.
Expressing their objection to the Tamil Nadu government's stance, the judges said, "No, we cannot withdraw that order."
"What difficulty do you face in identifying land for Navodaya schools? You are receiving additional schools from the Central Government. Given this, what is the need to oppose them? This goes against the federal structure. If individual states were to say we cannot accept a policy introduced by the Central Government, what would become of the federal system?," the court questioned.
Highlighting that states cannot simply declare that they will act unilaterally and refuse to accept Central government policies, the court said, if Tamil Nadu did not favour the three-language policy or insisted that Tamil be given due recognition, it should hold appropriate discussions with the Central government.
"You have adopted a rigid mindset that no other language should be taught on Tamil soil. There are countless children deprived of education. In other states, many rural students benefit from Navodaya schools," the bench stated.
The court also underscored that the government had to take a step forward and that states could not simply refuse to accept Central government policies.
"This is a nation comprising all states. individual states cannot function as if they were separate countries. You must hold talks with the Central Government regarding the language issue and find a solution. Why is the Tamil Nadu government being so adamant?," the bench added.
The case originated from a petition filed in the Madurai Bench of the Madras High Court by an organisation named 'Kumari Maha Sabha', seeking a direction to the Tamil Nadu government to establish a Jawahar Navodaya Vidyalaya in every district of the state.
The Madurai Bench ordered the Tamil Nadu government to grant permission for the opening of Navodaya schools. Observing that the schools would not violate the Tamil Nadu Tamil Learning Act, 2006, the High Court ordered on September 11, 2017, that temporary accommodation for 240 students be provided in every district within two months.
Challenging the order, the Tamil Nadu government filed an appeal in the Supreme Court in 2017.
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