2026 Supreme(Online)(Mad) 1568
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice D.BHARATHA CHAKRAVARTHY
J.JOSEPH SAMUEL – Appellant
Versus
THE SECRETARY TO GOVERNMENT – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.01.2026 CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY 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 implement