SC extends by a year exemption to linguistic minority school students from writing Tamil language paper

The apex court was hearing a plea challenging the September 2019 order of Madras High Court that refused to quash the guidelines for granting exemption to students from giving the Tamil language paper in the Class 10 board examination.

New Delhi: The Supreme Court on Monday extended by one year the exemption granted to students studying in linguistic minority schools from writing the Tamil language paper in the Class 10 board examination. The apex court was hearing a plea challenging the September 2019 order of Madras High Court that refused to quash the guidelines for granting exemption to students from giving the Tamil language paper in the Class 10 board examination.

A bench of Justice SK Kaul and Justice Manoj Misra observed that the interim arrangement, as noted in the high court order which had granted exemption to students studying in linguistic minority schools from writing Tamil language papers in the Class 10 examination under Batch-I for academic years 2020 to 2022, be extended for a year. It posted the matter for hearing in the week commencing July 11.

"We cannot do this in piecemeal. We have to hear it. You have had some interim arrangement... You continue with that for one year," the bench observed. The high court in September 2019 said the government letter of July 18, 2016, which contained the guidelines for granting exemption to students from writing the Tamil language paper in the Class 10 board examination, could not be quashed.

However, the high court had directed the authorities concerned to grant exemption to students in linguistic minority schools from writing the Tamil language paper in the Class 10 examination for the 2020-2022 academic years. During the hearing on January 30, the counsel appearing for the petitioner -- Linguistic Minorities Forum of Tamil Nadu -- told the apex court about the plea in the high court and referred to the July 2016 letter.

The high court passed the September 2019 order on a batch of pleas, including those challenging the guidelines issued in the July 18, 2016, letter and also for a direction to authorities to grant exemption to students in linguistic minority member schools from writing the Tamil language paper in the Class 10 examination under Part-I from the 2016-17 till the 2023-24 academic years.

It had noted that under the guidelines, only those students who have migrated from other states could apply for exemption. The high court had noted that the guidelines were issued regarding the time schedule and eligibility criteria for applying for exemption from writing the Tamil language under Paper-I (compulsory subject) in the SSLC board examination, 2017.

"The following guidelines are issued for consideration and disposal of applications for exemption from students seeking exemption from writing Tamil in the 10th standard board examination:

"a) students whose parents are in government service or in the employment of public sector undertakings/institutions/companies/corporations/private employment/business or any other form of employment in other states and have been transferred/relocated to Tamil Nadu during the course of the academic year and who have not studied Tamil as a language in the school in the state from which they have migrated are eligible to apply," the letter said.

In its plea filed in the apex court, the Linguistic Minorities Forum of Tamil Nadu contended that the substantial question of law that falls for consideration of the court is as to whether the rights of linguistic minorities guaranteed under the Constitution can be "infringed" by the state under the "garb of a state legislation which introduces Tamil as a compulsory language and consequently, restrains the students of linguistic minorities from learning their mother tongue".

"The guidelines in the form of letter... dated July 18, 2016, have all the attributes and trappings of being authoritarian by excluding the linguistic minorities of the state from seeking exemption from writing the Tamil language paper in 10th standard public examination," the plea alleged. (PTI)