Disposed

Ramkumar.P v. State of Tamilnadu represented by

Madras HC12 Dec 2022WP(MD)/23886/2022

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court reviewed a writ petition concerning the implementation of a previous order mandating the inclusion of Thirukkural chapters in school curricula. The Court confirmed that the Directorate of School Education had submitted a compliance report indicating partial implementation of the earlier directives regarding textbook inclusion and examination marking schem

What did the court decide?

The writ petition stands disposed of upon recording the State's compliance regarding curriculum amendments and examination mark allocations.

Ramkumar.P Vs State of Tamilnadu represented by — Pension and Retirement Benefits | Madras HC (2022)

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WP(MD). No.23886 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Special Original Jurisdiction

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Monday,the Eleventh day of November Two Thousand and Twenty Four

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PRESENT

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The Hon`ble Mr.Justice M.S.RAMESH

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AND

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The Hon`ble Mrs.Justice A.D.MARIA CLETE

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WP(MD). No.23886 of 2022

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Ramkumar.P ... Petitioner

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State of Tamilnadu, Represented by The Principal Secretary, Tamil Development and Information Department, State of Tamil Nadu,

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Secretariat Chennai - 600009.

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State of Tamilnadu Represented by The Principal Secretary,

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School Education Department, Government of Tamil Nadu, Secretariat,

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Chennai - 600 009.

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The Commissioner, Directorate of School Education, DPI Complex College Road,

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Chennai - 600 006.

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The Director, Directorate of Government Examinations, DPI Campus,College Road, Nungambakkam, Chennai - 600 006.

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https://www.mhc.tn.gov.in/judis

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The Director,

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The Director, Directorate of Matriculation Schools, DPI Campus,College Road, Nungambakkam, Chennai - 600 006.

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WP(MD). No.23886 of 2022

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The Regional Officer, Regional Office, Central Board of Secondary Education, New No.3Old No.1630 A J Block 16th Main Road, Anna Nagar West, Chennai - 600040.

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... Respondents

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Prayer :-

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Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to include 108 Chapters / Adhigarams of Thirukural (Arathupal and Porutpal) in the curriculum of students between VI standard to XII standard as to strictly implement the letter and spirit of the order of this Court in W.P.(MD) No.11999 of 2015 dated 26.04.2016 by directing the respondents,(a) to include the 108 Chapters / Adhigarams of Thirukural (Arathupal and Porutpal) with proper explanation in the curriculum of students between VI standrad and XII standard. (b) To strictly instruct the teachers to teach 108 Chapters / Adhigarams of Thirukural(Arathupal and Porutpal) to the students from class VI to XII.(C) To include 108 chapter/ Adhigarams of Thirukural (Arathupal and Porutpal)for purpose of final examination by incorporating questions from the same.

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ORDER:- This Writ Petition coming on for orders on this day and upon perusing

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the petition and the affidavit filed in support thereof and upon hearing the https://www.mhc.tn.gov.in/judis

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WP(MD). No.23886 of 2022

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arguments of Mr.R.Alagumani, Advocate for the Petitioner and of Mr.Baskaran Assisted by Mr.S.Shajibino Special Goverment Pleade For 1st Respondent to 5^th Respondent,Mr.P.Karthick For 6th Respondent, for the respondents, this Court made the following order:

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(Order of the Court was made by A.D.MARIA CLETE, J.)

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"In the matter of the inclusion of Thirukkural in the school curriculum

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In the petitions before this Court in W.P.(MD)No.11999 of 2015 and W.P.(MD) No.23886 of 2022, the Court was requested to consider mandating the inclusion of 1,330 couplets of Thirukkural in the school curriculam from Standards VI to XII by the State.

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In the writ petition filed by S.Rajarathinam, a retired Government official in W.P.(MD)No.11999 of 2015 dated 26.4.2016, this Court addressed the issue of including Arathupal and Porutpal—the first two Sections of Thirukkural comprising 108 adhigarams, or Chapters—the court held:

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“ 50. When the object is to create a better society and to safeguard

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the fundamental rights, it is for the respondents to device a mechanism to achieve the object. The works of William Shakespeare has invariably been included as a portion throughout the world and

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also in India. Though, the fictional stories contain moral values, https://www.mhc.tn.gov.in/judis

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WP(MD). No.23886 of 2022

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globalisation has been made by the land of origin. Whereas, a philosophy, accepted throughout the world to be of highest value must be taught entirely at the school level itself. It is also pertinent to mention here that the Government has already made Tamil a compulsory subject and has been implemented in a phased manner. Similar, steps are also taken for Central and other boards in the state. In view of the fact, that Thirukkural has already been translated in English, French, Hindi, German, Telugu, Kannada, Malayalam and many other regional languages, it can be taught wholly.

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Insofar as the contention of the learned Special Government Pleader appearing for the respondents that the 3^rd Chapter, considering the sensitivity of the subject, the same need not be included in the syllabus. However, the first two chapters containing 108 Adhigarams must be included in the syllabus preferably from the next academic year and implemented in a phased manner.

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It was brought to the knowledge of this court that the syllabus is determined by the committee appointed by the government. It is pertinent to mention here, the policy is framed by

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the government in consonance with and to preserve the fundamental https://www.mhc.tn.gov.in/judis

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WP(MD). No.23886 of 2022

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rights under Part III of the Constitution. Once a policy is framed, then it is a matter of accommodation. If there is a will, there would be a way. It will be the greatest contribution to the society and to the language itself by the government. Various adaptations and stories, associated with Thirukkural in the form of “Thirukkural kathaigal”. Therefore, it can be taught to the students without causing burden. Moral values are more important than other values. Once, the moral values are lost, it is only a matter of time, before the person falls, despite possessing all other qualities, which may earn in name, fame, power and money. If Thirukkual is taught with all its avenues and dimensions elborately, the students would be equipped with all the facets of life, the probable problems and the solutions. The couplets about friendship, hard work, good character, patience, tolerance and confidence will guide them through, even the most difficult of times. Thirukkural will give them the inner strength to withstand any storm. Therefore, this Court commends that appropriate action must be taken by the government through the committee which decides the syllabus, considering the noble objective and the demanding situation and finalise the syllabus for the next academic year by including 108 https://www.mhc.tn.gov.in/judis

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WP(MD). No.23886 of 2022

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Chapters/ Adhigarams of Thirukkural (Arathupal and Porutpal) in the curriculum of students between VI Standard to XII Standard, keeping in mind that the purpose of education must be to build a nation with moral values.

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With the above directions, this writ petition is allowed as above. No costs.”

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In 2022, much like a farmer who returns to till the same field season after season, P. Ramkumar, a visually challenged individual, approached this Court, contending that the orders of this Court in W.P.(MD)No.11999 of 2015 had not been fully implemented by the authorities. The petitioner highlighted that although the Government passed G.O.(Ms)No.51, School Education (ERT) Department, dated 21.03.2017, this Government Order has not been executed to its intended effect, particularly, regarding the incorporation of the Thirukkural into the school curriculum and examination with the provision for awarding marks. The petitioner sought a Writ of Mandamus praying the Court (i)mandate the inclusion of the 108 Chapters / adhigarams of Thirukkural (Arathupal and Porutpal) with proper explanations in the curriculum for students from Standards VI to XII, thereby ensuring full compliance with the Court's order in W.P.(MD)No.11999 of 2015, dated 26.04.2016; (ii) to direct the teachers to systematically teach these 108 Chapters https://www.mhc.tn.gov.in/judis

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WP(MD). No.23886 of 2022

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/ Adhigarams of Thirukkural (Arathupal and Porutpal) to the students in specified class VI to XII; and (iii) to incorporate the Thirukkural Chapters into final examination for these classes, including related questions and awarding marks based on students' responses. The Court observed that issuing Government Order in a perfunctory manner, as a mere formality without genuine intent, is unacceptable. Accordingly, the Court rendered the following order:

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“10. In view of the present factual position that the respondents are now engaged in the process of printing the meaning of each and every Kural in the text books by including 108 chapters / adhigarams of Thirukkural (Arathupal and Porutpal) in the curriculum of students between standards VI and XII and also including questions from Thirukkural in the examinations by awarding 15 to 20 marks from the academic year 2022-2023, besides initiating other measures to familiarize Thirukkural to the students, this court deems it appropriate to record the same and to direct the respondent authorities to complete the said process strictly in accordance with the order dated 26.04.2016 in WP(MD)No.11999 of 2015, within a period of three months from the date of receipt of a copy of this order and file a report before this court.

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https://www.mhc.tn.gov.in/judis

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WP(MD). No.23886 of 2022

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With the aforesaid direction, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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Post the matter after three months “for reporting compliance”

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Thus, in a voice both firm and hopeful, this Court called upon the State to see this matter to fruition, treating the Thirukkural syllabus inclusion as not merely a legal directive but a beacon in the fog of moral ambiguity.

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In response to the 2022 directive, the Directorate of School Education has submitted a compliance report on 11.11.2024. The report confirmed that the State Council of Educational Research and Training, Chennai-6, had fully complied with this Court's orders in W.P.(MD)No.23886 of 2022. Relevant documents were attached to the compliance report for the Court's examination, which we have reviewed. The compliance details are as follows:

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(i) Starting from the academic year 2018–2019, 105 chapters from Arathupal and Porutpal were included in Tamil textbooks for classes VI through XII. Certain chapters, such as Chapter 15 of Arathupal (gpwdpy; tpioahik) and Chapters 91 and 92 (ngz; topr;Nrwy;)of Porutpal, (tiutpd; kfsph;) were excluded as they were deemed age-inappropriate.

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(ii) From the academic year 2022-2023, the meanings of each kural https://www.mhc.tn.gov.in/judis

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WP(MD). No.23886 of 2022

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(couplet) were incorporated into the Tamil textbooks, with assurances that this practice will continue in subsequent academic years.

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(iii) To reinforce the teachings, 15-20 marks out of 100 have been allocated for questions from the Thirukkural in the Tamil language examinations for classes VI through XII.

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In a world where the Judiciary and Executive often walk parallel paths, each respecting the other's realm, this case is a powerful example of these two pillars can come together—not as “buddies” but as true allies—in fostering a constitutional harmony between the Fundamental Rights and Directive Principles of State Policy enshrined in the Constitution of India. With both branches of governance working in concert, a significant foundation has been laid in Tamil Nadu's educational sphere, embedding ethical education at its core. This Court recognizes that a seed of virtue has been planted within the curriculum. The teachings of Thirukkural are now woven into the hearts and minds of young learners, and as this initiative takes root, we can look forward to a future where students are not only academically accomplished but also morally fortified—prepared to face life's challenges with wisdom, resilience and integrity.

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Let it be known and recorded that this Court, in addressing the inclusion of Thirukkural in the school curriculum, through its judgment passed by the https://www.mhc.tn.gov.in/judis

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WP(MD). No.23886 of 2022

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Honourable Mr.Justice R.Mahadevan, (as His Lordship then was) in W.P.(MD) No.11999 of 2015 and in the judgement of the Division Bench of this Court in W.P. (MD)No.23886 of 2022, His Lordship (one of the Honourable Judges) has not merely rendered a decision but has inscribed a legacy—casting a stone into the waters of time, creating ripples destined to shape the moral fabric of the State for generations yet to come."

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Sd/-

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Assistant Registrar (CS.III)

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// True Copy //

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/11/2024 Sub Assistant Registrar (CS-I/II/III/IV)

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GNS

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The Principal Secretary, Tamil Development and Information Department, State of Tamil Nadu, Secretariat, Chennai - 600009.

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The Principal Secretary, School Education Department, Government of Tamil Nadu, Secretariat Chennai - 600 009.

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https://www.mhc.tn.gov.in/judis

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The Commissioner,

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The Commissioner, Directorate of School Education, DPI Complex College Road, Chennai - 600 006.

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WP(MD). No.23886 of 2022

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The Director, Directorate of Government Examinations, DPI Campus,College Road, Nungambakkam, Chennai - 600 006.

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The Director, Directorate of Matriculation Schools, DPI Campu, College Road, Nungambakkam, Chennai - 600 006.

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The Regional Officer, Regional Office, Central Board of Secondary Education, New No.3,Old No.1630 A, J Block, 16th Main Road, Anna Nagar West, Chennai - 600040.

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Copy to:

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The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai

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https://www.mhc.tn.gov.in/judis

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WP(MD). No.23886 of 2022

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ORDER DATED : 11/11/2024

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========================== ORDER

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==========================

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WP(MD). No.23886 of 2022

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Giving direction and etc. as stated within.

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SL(21.11.2024)/ 12P/ 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.

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https://www.mhc.tn.gov.in/judis

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Ramkumar.P v. State of Tamilnadu represented by

Case brief

What is this about?

What did the court decide?

Ramkumar.P v. State of Tamilnadu represented by

Case brief

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