Tamil learning act HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.342 of 2026 J.Joesph Sameul Rep. By his natural guardian /
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.01.2026
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.342 of 2026
J.Joesph Sameul
Rep. By his natural guardian / father,
Mr.Job.Yesupatham … Petitioner
Vs
1. The Secretary to Government,
School Education Department,
Fort St.George,
Chennai – 600 009.
2. The Director of Matriculation Schools,
College Road,
D.P.I.Campus,
Nungambakkam, Chennai.
3. The Director of Government Examinations,
College Road, D.P.I.Campus,
Nungambakkam,
Chennai – 600 006.
4. The District Educational Offier,
(Private Schools),
District Education Office Building,
Sathuvachari, Vellore – 632 009.
5. The Chief Educational Officer,
District Educational Office Building,
Sathuvacheri, Vellor e- 632 009.
6. St.Marks Matriculation Higher Secondary School,
Rep.by its Correspondent,
“SHALOM”, Vellore – 632 007. … Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue writ of mandamus, directing the respondents 1 to 5 herein to permit the petitioner minor J.Joseph Samuel, to write Part-I, Language Examination in French in the upcoming S.S.L.C.Board Examination 2025-26 and pass such further or other orders.
For Petitioner : Mr.S.N.Ravichandran
For Respondents : Mrs.S.Mythreye Chandru
Special Government Pleader (Education)
for R1 to R5
R6 – No appearance
ORDER
This writ petition is filed seeking a writ of mandamus directing the respondents 1 to 5 herein to permit the petitioner minor child viz., J.Joseph Samuel, to write Part-I Language Examination in French in the upcoming S.S.L.C.Board Examination 2025-26 and pass such further or other orders.
2. Upon hearing the learned Counsel for the petitioner and perusing the affidavit filed in support of the writ petition and the other material records, the case of the petitioner is that the petitioner minor child is now undergoing his school education under the Tamil Nadu SSLC Matriculation Board Examinations stream in the 6th respondent school. The minor child had studied up to IXth standard in Shrishti Vidhy Ashram Senior Secondary School under the Central Board of Secondary Education. Thereafter, from the IXth standard, he joined the 6th respondent school under the State Board and is continuing the education. It is further stated that the child’s mother had lived in Kashmir, and the family speaks only ‘Hindi’ at home. Under the said circumstances, the child does not know to read or write ‘Tamil’. The child had not studied ‘Tamil’ or ‘Hindi’ as a second language while undergoing his education in the CBSE School and ‘French’ was adopted as the language, even when the child was admitted in the 6th respondent school. Accordingly, the 6th respondent school had written to the education Authorities at the earliest seeking exemption for the child to take up ‘French’ as the language subject without studying ‘Tamil’ or any other Indian language. However, the same was refused by the authorities and therefore, the petitioner has approached this Court.
3. Mr.S.N.Ravichandran, the learned Counsel appearing on behalf of the petitioner would submit that, on a reading of the Tamil Nadu Tamil Learning Act, 2000 and the relevant Government Orders, it is clear that the persons who migrate from other States and whose mother tongue is not ‘Tamil’ are entitled to seek exemption. It is further stated that the general power of exemption is vested with the Government under Section 5 of the Tamil Learning Act, 2000 and therefore, the respondents ought to have exercised the said power and granted exemption permitting the child to write the Xth standard examination with ‘French’ as the language subject. The child is already learning ‘English’ as the other language and the other mandatory subjects are being studied.
4. Per contra, Mrs.S.Mythreye Chandru, the learned Special Government Pleader, appearing on behalf the respondents, would submit that as per Section 3 of the Act, ‘Tamil’ shall be taught as a compulsory subject in a phased manner, which has been implemented since the academic year 2006-2007, and is now applicable to all schools coming within the definition under Section 2 of the Act. It is further contended that if the petitioner did not want to study ‘Tamil’, the child ought not to have been admitted under the Tamil Nadu Matriculation Board. The Act itself provides exemption only for students who do not have ‘Tamil’ or ‘English’ as their mother tongue, to study their mother tongue as an optional subject. In the present case, the mother tongue of the minor child is ‘Hindi’ and the child has not opted for ‘Hindi’ as an optional subject. Therefore, a combined reading of Section 3 and Section 5, and the subsequent Government Orders issued in G.O.(Ms).No.232 dated 08.11.2017 and G.O.(Ms).No.37 dated 06.03.2018, would show that there is no provision for granting exemption to this particular child. It is also submitted that the School management has erroneously admitted the child without any care whatsoever about the future of the child. The parents ought to have ensured that the child was placed in an appropriate stream, where he would be eligible to write the examination. Hence, the Authorities should not be directed to grant exemption.
5. I have considered the rival submissions made on either side and perused the material records of the case.
6. At the outset, I am in full agreement with the learned Special Government Pleader that the fault lies entirely with the minor child’s parents as well as the 6th respondent school for having placed the child in such a situation. When the child is not studying ‘Tamil’ and is also not studying any other Indian mother tongue as mandated, the admission itself involved a risk of ineligibility. Be that as it may, for the fault of the parents and the school, the Court is unable to leave the matter as such to spoil the education of the minor child. The education of the child should not be put to jeopardy at any cost, and all endeavours must be made to make the child to continue his education.
7. It is true that on a plain reading of G.O.(Ms).No.232 dated 08.11.2017 and G.O.(Ms).No.37 dated 06.03.2018, it cannot be said that the petitioner is entitled for exemption. But, however, Section 5 of the Act empowers the Government to issue a special or general order exempting any class or category of the students from the provisions of the Act, either in part or in whole. Therefore, the above two Government Orders are general in nature and do not deter the Government from issuing a special order. A perusal of the affidavit it can be seen that on account of the avocation of the minor child’s grandfather, the petitioner’s mother had to reside in Kashmir and they spoke ‘Hindi’ resulting in the child growing up conversing only in ‘Hindi’. Thus every peculiar situation will not be known at the stage of framing the Rules or issuing the Government Orders. Various fact situations present themselves subsequently before this Court and therefore, depending on the situation and considering the extraordinary facts, relief can be granted.
8. In view thereof, I am of the opinion that the child can be permitted to write the 10th Xth standard (SSLC) examination by having ‘French’ as the second language which will be a special order for this child alone. However, it is made clear that after completion of the Xth standard, this exemption shall not entitle the minor child to pursue 11th or 12th standard which mandates ‘Tamil’ or any other mother tongue as a second language or the 3rd language in the respective streams. Therefore, it is for the child to choose such Board of Education in which the child will be permitted to study with only ‘French’ as the second language and without ‘Tamil’ or ‘Hindi’ as the case may be. The child may also choose to learn ‘Tamil’ or ‘Hindi’ and should be in a position to take up whatever is mandated by the Board. No other equitable relief can also be claimed on behalf of the child in future for not knowing ‘Tamil’, when he applies for any Government employment or any other position for which the knowledge of ‘Tamil’ or ‘Hindi’ will be essential.
9. In view thereof this writ petition is disposed on the following terms:
(i) The first respondent shall issue an order of exemption by itself or by authorising the 2nd or 3rd respondents to issue an order for the minor child J.Joseph Samuel, to write the Part-I Language Examination in ‘French’ in the upcoming S.S.L.C. Board Examination 2025-2026, which the child is undergoing in the 6th respondent school namely St.Marks Matriculation Higher Secondary School, Vellore;
(ii) The said order shall be issued as expeditiously as possible, in any event not later than three (3) weeks from the date of receipt of a web copy of the order without waiting for the certified copy;
(iii) In the meantime, the 2nd and 3rd respondents shall process the candidature of the minor child for the upcoming examination, include his name in the rolls, and also issue hall ticket for the examination. After the child successfully completes the Xth standard examination, it is for the petitioner to get the transfer certificate and get the child admitted into any stream / board in which the child will be eligible as per the Rules and it is made clear that no further exemption will be granted for the XIth standard or XIIth standard under the State Board or any other stream which mandates any other language other than ‘French’;
(iv) The 6th respondent School shall pay a cost of Rs.10,000/- to the 2nd respondent for knowingly admitting the child with the risk of ineligibility. The said amount shall be deposited within a period of three (3) weeks from the date of receipt of a web copy of the order;
(v) It is made clear that the 6th respondent / School shall not make any admission in future in dereliction of the Tamil Nadu Tamil learning Act, 2006 or the general Government Orders granting exemption thereunder;
(vi) The Authorities shall act upon the web copy of the order without waiting for the certified copy.
09.01.2026
veda
Neutral Citation: Yes
To
1. The Secretary to Government,
School Education Department,
Fort St.George,
Chennai – 600 009.
2. The Director of Matriculation Schools,
College Road,
D.P.I.Campus,
Nungambakkam, Chennai.
3. The Director of Government Examinations,
College Road, D.P.I.Campus,
Nungambakkam, Chennai – 600 006.
4. The District Educational Offier,
(Private Schools),
District Education Office Building,
Sathuvachari, Vellore – 632 009.
5. The Chief Educational Officer,
District Educational Office Building,
Sathuvacheri, Vellor e- 632 009.
D.BHARATHA CHAKRAVARTHY, J.
veda
W.P.No.342 of 2026
09.01.2026
