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2016 Supreme(Mad) 3454

IN THE HIGH COURT OF MADRAS (MADURAI BENCH)
R. Mahadevan, J.
S. Rajarathinam – Petitioner
Versus
The Secretary to Government, Home Department, Chennai – Respondent
W.P. (MD) No. 11999 of 2015
Decided On : 26-04-2016

Advocates Appeared:
For the Petitioner: Mr. A. Saravanakumar.
For the Respondent: Mr. V.R. Shanmuganathan.

Headnote:Moral Values – Petition was allowed as moral values is more important than other values. Syllabus for next academic year was to be finalized by including Thirukkural Kathaigal. In this way nobel thoughts will be inculcated in the students.

ORDER :

R. Mahadevan, J.

1. This writ petitioner, urging a personal cause has aroused a noble thought by seeking a writ of Mandamus to modify the syllabus in the schools for students between VI to XII Standard so as to ensure that they are acquainted and taught thoroughly with all the 1,330 couplets of Thirukkural so as to mould them morally sound.

2. The contention of the writ petitioner, a retired Government Official, is that in the recent times, the moral values have declined in the society. That apart, the general behaviour among youngsters in the society is lacking in moral values, like, decency, respect to elders and others, hospitality, politeness, etc. The Courts being faced with increasing number of juvenile crimes, matrimonial disputes, increasing number of old age homes, etc. signify the decline in family values among people. As a senior citizen, he has come across various facets of life. As such, the present scenario is causing severe pain and agony to him. Since personally affected, he claims it unsafe to travel because of the threats of robbery and attack on senior citizens. Gone are the days where even a stranger would be given shelter and food, nowadays citizens, especially seniors are afraid to open the doors to any unknown person.

3. The petitioner claims that the number of cases in which Juveniles were arrested in 2011, is 2083 cases, out of which 1170 are from primary education, 617 are above primary and below matric/higher secondary, 56 above higher secondary and 240 are illiterates. It is the need of the day to inculcate into them moral values and ethics by way of education. One way of bringing about this change is by making them follow the principles in Thirukkural. Thirukkural is an ever relevant piece of literature authored by the great saint Thiruvalluvar. The noble scripture has emphasised on moral values and ethical codes that are indispensable for people in their private and public lives. The philosophies propounded in Thirukkural are idealistic in nature and are relevant to all people irrespective of differences in cultures, religions, nationalities and the like. The petitioner has also sent representations dated 26.03.2015 and 23.06.2015 to the respondents addressing his request. Under the above circumstances, the above writ petition has been filed seeking a direction to modify the syllabus for school students.

4. Initially, the 3rd and 4th respondents were not parties to the writ petition. However, a petition to implead them was filed by the petitioner and the same was allowed on 20.07.2015.

5. Per contra, the 3rd respondent has agreeing with the value of the precepts in Thirukkural has contended in his counter that it is already being taught in schools for the students between III to XII Standard. Apart from Thirukkural, Mahabaradham, Agananooru, Purananooru, Aathisoodi, Silapathigaram, Kambaramayananam, Manimegalai, etc are also in the disciplined and cultured manner. The syllabus is framed by the experts of the education department after consideration of socio-economic and cultural values of Thirukkural and selected couplets are included in the syllabus at suitable places so as to not overburden the students.

6. It was also contended that in pursuance of the Tamil Learning Act, 2006, the Tamil language was made a compulsory subject and has been put into effect in a phased manner in State Board of Education. Further, from 2015-16, Tamil has been made a compulsory subject in the schools other than State Board of Education and the same is again being implemented in a phased manner to teach valuable and best literary works in Tamil language to the students of various classes.

7. It was pointed out that about 275 couplets are taught to students between III to XII Standard. It was also contended that there is no vested right with the petitioner to seek such a relief and there is no duty on the state to accede to the request made by the petitioner and hence under the above circumstances, the writ petition w









































































































































































































































































































































































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