THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD)No.23886 of 2022 and M.P.(MD)No.17963 of 2022 P.Ramkumar .. Petitioner. For Petitioner : Mr.R.Alagumani For Respondents : Mr.R.Baskaran Additional Advocate General Assisted by Mr.S.Shasi Bino Special Government Pleader for R1 to R5 Mr.P.Karthick for R6 O R D E R R. MAHADEVAN, J. “mQqitj; Jisj;njH; fliyg; g[fl;o FWfj; jwpj;j Fws;@ ? xsitahh; (jpUts;Stkhiy ?55) Meaning: “splitting an atom and letting deep ocean inside it and making so compact with powerful words”. The great poet Avvaiyar in her text Thiruvalluvamalai, remarked about the Thirukkural in such a manner. Thirukkural is a noble scripture authored by the great saint Thiruvalluvar. It emphasises on moral values and ethical codes that are indispensable for people in their private as well as public lives. The philosophies propounded therein, are idealistic in nature and are relevant to the people,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
| Reserved on | Pronounced on |
| 28.11.2022 | 12.12.2022 |
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN and
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P.(MD)No.23886 of 2022 and
M.P.(MD)No.17963 of 2022
P.Ramkumar .. Petitioner
Versus
1.State of Tamil Nadu, represented by
The Principal Secretary,
Tamil Development and Information Department,
State of Tamil Nadu,
Secretariat,
Chennai – 600 009.
2.State of Tamil Nadu represented by
The Principal Secretary,
School Education Department,
Government of Tamil Nadu,
Secretariat,
Chennai – 600 009.
3.The Commissioner,
Directorate of School Education, DPI Complex College Road, Chennai – 600 006.
4.The Director,
Directorate of Government Examinations,
DPI Campus, College Road,
Nungambakkam, Chennai – 600 006.
5.The Director,
Directorate of Matriculation Schools,
DPI Campus, College Road,
Nungambakkam,
Chennai – 600 006.
6.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 – 600 040. .. Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, 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 standard to 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 the purpose of final examination by incorporating questions from the same.
For Petitioner : Mr.R.Alagumani
For Respondents : Mr.R.Baskaran
Additional Advocate General
Assisted by Mr.S.Shasi Bino
Special Government Pleader for R1 to R5
Mr.P.Karthick for R6
O R D E R R. MAHADEVAN, J.
“mQqitj; Jisj;njH; fliyg; g[fl;o
FWfj; jwpj;j Fws;@ ? xsitahh; (jpUts;Stkhiy ?55)
Meaning: “splitting an atom and letting deep ocean inside it and making so compact with powerful words”.
- The great poet Avvaiyar in her text Thiruvalluvamalai, remarked about the Thirukkural in such a manner. Thirukkural is a noble scripture authored by the great saint Thiruvalluvar. It emphasises on moral values and ethical codes that are indispensable for people in their private as well as public lives. The philosophies propounded therein, are idealistic in nature and are relevant to the people,
irrespective of caste, culture, religion, nationalities, etc. All the aspects of the life are covered by Thirukkural. That is the reason, it has been universally accepted as a Holy book, apart from the Holy Bible and Holy Quran.
- Today, the world is facing many problems, like theft of property and knowledge, rape, economic depletion, greed, alcoholism, intolerance, dishonesty, inequality, disrespect to elders, child abuse, religious impostors etc. These problems though may look like individual problems, have a great impact on the society. Every act of a man has a sociological and psychological impact on the persons around him. Thirukkural offers a solution to all the above problems. It contains couplets to guide every common man and institutions in difficult situations. It is cherished and preached more in other countries than in the land of its origin. Thus, the need of the hour is to introduce moral values through teaching Thirukkural to the students in order to create a more tolerant and harmonious society.
- With a noble cause to include 1330 couplets of Thirukkural in the syllabus of the schools for students from VI to XII Standards, in order to inculcate moral values in the society, W.P.(MD)No.11999 of 2015 came to be filed before this court. After extensively considering the necessity and expediency of inculcating the moral virtues contained in the universal code “Thirukkural”, by way of education, one of us (RMDJ) by order dated 26.04.2016, disposed of the said writ petition, with the following observations:
“50. When the object is to create a better society and to safeguard 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 also in India. Though, the fictional stories contain moral values, 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.
- Insofar as the contention of the learned Special Government Pleader appearing for the respondents that the 3rd 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.
- 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 the government in consonance with and to preserve the fundamental 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 that 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 elaborately, 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 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.
- With the above directions, this writ petition is allowed as above. No costs.”
- Pursuant to the aforesaid order, the Government, taking note of the fact that Thirukkural, is a treasure trove of knowledge and one of the oldest and greatest contributions of the Tamil language to the world literature, passed G.O.Ms.No.51, School Education (ERT) Department, dated 21.03.2017, and directed to take steps to ensure that the human virtues in “Thirukkural” are taught through moral stories, folk songs, scriptures and motion pictures to be created and published using the latest technology and to spread the message in the Thirukkural so as to reach Tamil people throughout the world. However, the said G.O. has not been implemented by incorporating the Thirukkural as part of school curriculum and examination by awarding marks. Pointing out the same, the petitioner herein has preferred this writ petition as a public interest litigation, to issue a writ of mandamus to the respondents, (i) to include the 108 chapters / adhigarams of Thirukkural (Arathupal and porutpal) with proper explanation in the curriculum of students between VI standard to XII standard so as to strictly implement the order of this Court in W.P.(MD)No.
11999 of 2015, dated 26.04.2016 in it’s letter and spirit;
- to strictly instruct the teachers to teach 108 chapters / Adhigarams of Thirukkural (arathupal and porutpal) to the students from class VI to XII; and
- to include 108 chapter / adhigarams of Thirukkural (Arathupal and Porutpal) for the purpose of final examination for classes from VI to XII by incorporating questions from the same and awarding marks.
- According to the petitioner, he is a visually challenged person. Earlier, he preferred a writ petition viz., W.P.(MD)No.5769 of 2018, seeking a direction to the respondents therein to take immediate action to bring out Braille Version of Thirukkural in Tamil and English languages with standard interpretation, so that the visually impaired persons can read, recite and enjoy the essence of Thirukkural on their own. While researching for the same, he came across the order passed in W.P. (MD)No.11999 of 2015 to implement all the 1050 couplets of Thirukkural as mandatory subject in the school curriculum from standard VI to XII. However, the said order was not properly implemented by the respondent authorities. Hence, the petitioner sent representations dated 23.09.2022 and 26.09.2022 and reminder dated 12.10.2022 to the second respondent requesting to include 108 chapters /
Adhigarams of Thirukkural in the curriculum of students between VI and XII standards for the purpose of examination and direct the teachers strictly to teach the same in the schools. But, none of the representations yielded any positive response.
- The learned counsel for the petitioner further contended that though the Government passed G.O., in compliance with the order passed in WP(MD)No.11999 of 2015, the authorities concerned have not yet properly implemented the same. According to the learned counsel, the order made in the said writ petition mandated the incorporation of all 108 chapters of the Thirukkural into the curriculum of the students from Standards VI to XII, whereas, all 108 chapters of Thirukkural are incorporated in the text book for the name’s sake i.e., 30 to 40 Thirukkurals have been added at the end of every Tamil textbook from standards VI to XII, defeating the actual intention of incorporating the said chapters for the benefit of the students. Elaborating further, the learned counsel submitted that mere incorporation of Thirukkural at the end of each book without any meaning/explanation and including it as a part of examination / assessment by awarding marks, is not serving any purpose, as the teachers are not paying any attention / teaching the same to the students in the schools. The learned counsel also submitted that the object of the direction to include the Thirukkural in the school syllabus of standards VI to XII is to guide the younger generation in the difficult times and give them strength to withstand any sociological storm. If Thirukkural is taught in all it’s dimensions elaborately, the students would be equipped to deal with all the facets of life, handle the problems they face and innovate solutions. Therefore, the learned counsel prayed for appropriate direction to the respondent authorities in this regard.
- Heard the learned counsel appearing on either side and perused the materials available on record.
- It is no doubt true that Thirukkural is an invaluable source of knowledge, wisdom and practical guidance on leading an ethical and meaningful life. It is beyond all religions and is ever applicable. The Thirukural has been translated into many languages and is widely read and studied in schools and universities across the world. It is an excellent choice for inclusion in school academic books due to its timeless messages and relevance to modern times. According to the principles enshrined in the Constitution, it is the duty of the State to promote social order, education, preserve equality, protect women, children and promote social justice, public health and standard of living. Therefore, this court opined that Thirukkural alone has all that takes the younger generation in righteous path. Accordingly, WP.No.11999 of 2015 came to be disposed, suggesting the Government to include
108 Chapters as a compulsory subject in the syllabus for the students from standards VI to XII. Though the Government took steps and issued G.O. for implementing the said order, the same has been incorporated only at the end of text books, without including them in the examinations / assessment. This court is of the view that learning Thirukkural is important to students, because it inculcates values and moral principles that can be applied in their everyday lives. However, mere printing of the Thirukkural at the end of the textbooks, without adding them as part of the examination / assessment by awarding marks, will be ineffective, as the students would not pay attention and the teachers would not teach the same to the students. As a result, the purpose of incorporating Thirukkural in the curriculum for Grades VI to XII is being defeated. Therefore, the issuance of G.O. in a nonchalant fashion as an empty formality by the Government, cannot be accepted.
- When the matter was taken up for consideration earlier, this court directed the learned counsel appearing for the respondent authorities to get proper instructions about the implementation of the order made in WP(MD)No.11999 of 2015. Accordingly, on 28.11.2022, the learned Additional Advocate General appearing for the respondents, on instructions, submitted that the respondent authorities are presently in the process of printing the meaning of each and every Kural i.e., 108 chapters / adhigarams of Thirukkural (Arathupal and Porutpal), which have been attached to the textbooks, so as understand the moral values, besides adopting various other methods to familiarize the esteemed ‘Thirukkural’ in different ways to the students, for enlightening them in their lives. It is also submitted by the learned Additional Advocate General that the examinations for the standards X, XI and XII, contain Thirukkural questions by awarding marks from 15 to 20. That apart, it is submitted that steps are taken for inclusion of questions related to Thirukkural in the examinations for the standards between VI and IX, by awarding 15/20 marks from the academic year 2022-2023 covering the chapters of Thirukkural for the respective standards. In support of the same, the learned Additional Advocate General produced the copies of the written instructions received by him, from the Director of Government Examinations, Chennai dated 26.11.2022 relating to standards X, XI and XII and the Director of State Council of Educational Research and Training, Chennai dated 27.11.2022, relating to the standards VI to XI, the contents of which are quoted below for ready reference:
Letter from the Directorate of Government Examinations in
Na.Ka.No.101653/Mandanam/2022 dated 26.11.2022
2022-2023-Mk; fy;tpahz;by; elj;jg;gl;l ,ilepiy (gj;jhk; tFg;G) / Nky;epiy Kjy; kw;Wk; ,uz;lhk; Mz;L nghJj;Njh;Tfspy; jkpo;ghl Njh;tpy; nra;As; ghlg;gFjpapy; jpUf;Fws; tpdhf;fs; gpd;tUk; ml;ltizapy; Fwpg;gplg;gl;Ls;sthW Nfl;fg;gl;Ls;sd vd;w tptuj;ij njhptpj;Jf;nfhs;fpNwd;.
Nky;epiy ,uz;lhk; Mz;L
| nghUs; | nkhj;j kjpg;ngz;fs; | nkhj;j
kjpg;ngz; |
jpUf;Fws;
tpdhf;fs; |
|||
| 1 kjpg; ngz; | 2 kjpg;ngz; | 4 kjpg;ngz; | 6 kjpg;ngz; | |||
| nra;As; | 7 (2 jp.tp.) | 3 (2 jp.tp.) | 2 (2 jp.tp.) | 2 (1 jp.tp.) | 33 | 20 |
| ciueil | 3 | 2 | 2 | 1 | 21 | |
| ,yf;fzk; | 2 | 7 | 3 | 1 | 34 | – |
| Jizg; ghlk; | 2 | – | – | – | 2 | – |
| 14 | 24 | 28 | 24 | 90 | ||
| mfkjpg;gPL | 10 | – | ||||
| nkhj;jk; | 100 | |||||
Nky;epiy Kjyhk; Mz;L
| nghUs; | nkhj;j kjpg;ngz;fs; | nkhj;j
kjpg;ngz; |
jpUf;Fws;
tpdhf;fs; |
|||
| 1 kjpg;ngz; | 2 kjpg;ngz; | 4 kjpg;ngz; | 6 kjpg;ngz; | |||
| nra;As; | 7 (1 jp.tp.) | 3 (1 jp.tp.) | 2 (3 jp.tp.) | 2 (1 jp.tp.) | 33 | 21 |
| ciueil | 3 | 2 | 2 | 1 | 21 | |
| ,yf;fzk; | 2 | 7 | 3 | 1 | 34 | – |
| Jizg; ghlk; | 2 | – | – | – | 2 | – |
| 14 | 24 | 28 | 24 | 90 | ||
| mfkjpg;gPL | 10 | – | ||||
| nkhj;jk; | 100 | |||||
gj;jhk; tFg;G
| nghUs; | nkhj;j kjpg;ngz;fs; | nkhj;j kjpg; ngz; | jpUfF; ws;
tpdhf;fs; |
||||
| 1 kjpg ; ngz; | 2 kjpg;ngz; | 3 kjpg;ngz; | 5 kjpg; ngz; | 8 kjpg; ngz; | |||
| nra;As; | 6
(0 jp.tp.) |
3 (2 jp.tp.) | 2 (1 jp.tp.) | 1 (0 jp.tp.) | 1 (1 jp.tp.) | 33 | 15 |
| ciueil | 4 | 3 | 2 | – | 1 | 21 | |
| ,yf;fzk; | 5 | 3 | 2 | 4 | – | 34 | – |
| Jizg; ghlk; | – | – | – | – | 1 | 2 | – |
| 15 | 18 | 18 | 25 | 24 | 100 | ||
Letter from the State Council of Educational Research and Training, Chennai in RC No.616/D2/2015 dated 27.11.2022
,izg;G – 1 jpUf;Fws; kjpg;gPL (tFg;Gfs; – 6> 7)
MW> Vohk; tFg;Gfspy; njhlh; kw;Wk; KOikahd kjpg;gPl;L Kiwg;gb
(Continuous and Comprehensive Evaluation – CCE) tsuwp kjpg;gPL (m) (Formative Assessment FA (a) – 20 kjpg;ngz; tsuwp kjpg;gPL (M) (Formative Assessment FA (b) -20 kjpg;ngz; njhFj;jwp kjpg;gPL Summative Assessment (SA) – 60 kjpg;ngz;
vd (20> 20> 60) = 100 kjpg;ngz;fSf;F khzth;fs; kjpg;gPL nra;ag;gLfpwhh;fs;.
,k;khzth;fSf;Ff; fPo;f;fz;lthW jpUf;Fws; ghlg;gFjpfspy; kjpg;gPl;ilr; nra;a mwpTiu toq;fg;gLk;.
tFg;G 6> 7
| kjpg;gPL/tFg;G | tsuwp kjpg;gPL (m)
20 kjpg;ngz; |
tsuwp kjpg;gPL (M)
20 kjpg;ngz; |
njhFj;jwp
kjpg;gPL 60 kjpg;ngz; |
nkhj;jk;
100 kjpg;ngz; |
| jpUfF; ws; kjpg;gPL
tFgG; 6 |
4 kjpg;ngz;
(tha;nkhop) |
4 kjpg;ngz;
(vOj;Jtop) |
12 kjpg;ngz;
(vOj;Jtop) |
20 kjpg;ngz; |
| jpUfF; ws; kjpg;gPL
tFgG; 7 |
4 kjpg;ngz;
(tha;nkhop) |
4 kjpg;ngz;
(vOj;Jtop) |
12 kjpg;ngz;
(vOj;Jtop) |
20 kjpg;ngz; |
,izg;G – 2 jpUf;Fws; kjpg;gPL (tFg;Gfs; – 8> 9)
vl;L> xd;gJ tFg;Gfspy; 100 kjpg;ngz;fSf;F khzth;fs; kjpg;gPL nra;ag;gLfpwhh;fs;.
,k;khzth;fSf;Ff; fPo;f;fz;lthW jpUf;Fws; ghlg;gFjpfspy; kjpg;gPl;ilr; nra;a mwpTiu toq;fg;gLk;. tFg;G – 8> 9
| kjpg;gPL /
tFgG; |
1
kjpg;ngz; (15) |
2
kjpg;ngz; (16) |
3
kjpg;ngz; (15) |
5
kjpg;ngz; (30) |
8
kjpg;ngz; (24) |
nkhj;jk; (100) |
| tFgG; 8 jpUfF; ws; kjpg;gPL | c – .6 nr – 6 , – 3
(jp – 3) |
c – .2 nr – 8 , – 4 nkh.g.2 (jp – 4) | c – .3 nr – 6 , – 3 nkh.g.3
(jp- 3) |
nr – 10 nkh.g – 10 , – 10
(jp – 10) |
c – 8 nr – 8 J.gh.- 8 | c – 19 nr – 38 , – 20
J.gh. – 8 nkh.g.-15 (jp – 20) |
| tFgG; 9 jpUfF; ws; kjpg;gPL | c – .6 nr – 6 , – 3
(jp – 3) |
c – 6 nr – 8 , – 4
nkh.g.-3 (jp – 4) |
c – .3 nr – 6 , – 3
nkh.g.-3 (jp – 3) |
nr 10–
nkh.g.- 10 , – 10 (jp – 10) |
c – .8 nr – 8
J.gh.-8 |
c – .19 nr – 38 , – 20 J.gh 8– nkh.g.- 15 (jp – 20) |
(c- ciueil> nr- nra;As;> ,- ,yf;fzk;> nkh.g- nkhopg;gapw;rp> J.gh.-Jizg;ghlk;> jp- jpUfF; ws;)
- In view of the present factual position that the respondents are now
https://www.mhc.tn.gov.in/judis13/16
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.
- With the aforesaid direction, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Post the matter after three months “for reporting compliance”.
[R.M.D., J.] [J.S.N.P., J.]
12.12.2022
Speaking / Non-speaking Order
Internet : Yes.
Index : Yes / No r n s
To
1.The Principal Secretary,
Government of Tamil Nadu,
Tamil Development and Information Department,
State of Tamil Nadu, Secretariat, Chennai – 600 009.
2.The Principal Secretary,
Government of Tamil Nadu,
School Education Department, Government of Tamil Nadu, Secretariat, Chennai – 600 009.
3.The Commissioner,
Directorate of School Education, DPI Complex College Road, Chennai – 600 006.
4.The Director,
Directorate of Government Examinations,
DPI Campus, College Road,
Nungambakkam,
Chennai – 600 006.
5.The Director,
Directorate of Matriculation Schools,
DPI Campus, College Road,
Nungambakkam,
Chennai – 600 006.
6.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 – 600 040.
- MAHADEVAN, J. and J.SATHYA NARAYANA PRASAD , J.
r n s
Pre-delivery order in
W.P.(MD)No.23886 of 2022 &
M.P.(MD)No.17963 of 2022
- 12/12/2022
