Navodaya Schools Incompatible With Tamil Nadu's Two-Language Policy: State Tells Supreme Court

The Tamil Nadu Government has told the Supreme Court that the Jawahar Navodaya Vidyalaya (JNV) scheme is incompatible with the State's statutory two-language policy and cannot be implemented in its present form in the State.

“The Three-Language Formula forming the basis of the Jawahar Navodaya Vidyalaya scheme is fundamentally incompatible with the Two-Language Policy followed by the State of Tamil Nadu. Implementation of the scheme in its present form within the State would necessarily require deviation from the mandate of the Tamil Nadu Tamil Learning Act, 2006. Such deviation would be impermissible in law and contrary to the settled legislative framework of the State”, the affidavit states.

In an affidavit filed before the Court, the State said that although education falls in the Concurrent List, implementation of national schemes within a State must conform to existing State legislation, policies, administrative feasibility and fiscal sustainability.

The affidavit was filed in compliance with the Court's December 15, 2025 directions asking the Union Government and Tamil Nadu to hold consultations on the establishment of Jawahar Navodaya Vidyalayas in the State and place the outcome before the Court.

The State said a consultation meeting was held on January 05, 2026 between officials of the Tamil Nadu Government and representatives of the Union Government, during which it placed its considered position on the proposal.

According to the State, its position covered constitutional, statutory, administrative, linguistic and fiscal aspects relating to the establishment of JNVs.

The affidavit stated that the two-language policy of Tamil Nadu originates from a resolution of the Tamil Nadu Legislative Assembly dated January 23, 1968 and has been given statutory force by the Tamil Nadu Tamil Learning Act, 2006, enacted with Presidential assent. The Act mandates Tamil and English as compulsory languages in schools and permits a third language only as an optional subject.

The State said that Jawahar Navodaya Vidyalayas are structured around the three-language formula requiring compulsory instruction in three languages, including Hindi, English and the regional language.

According to the affidavit, this framework forms an integral part of the Navodaya system and is fundamentally incompatible with the two-language policy followed by Tamil Nadu. Implementation of the scheme in its present form would require deviation from the mandate of the Tamil Nadu Tamil Learning Act, 2006, which would be impermissible in law.

Tamil Nadu also submitted that the objectives of the Navodaya scheme, i.e., providing quality residential education to meritorious students from rural and economically weaker sections, are already being achieved through institutions established by the State.

The affidavit said the State has established 38 Model Residential Schools, one in each district, offering education from Standards IX to XII for students selected on merit, particularly from rural and disadvantaged backgrounds.

According to the State, each such residential school involves a capital expenditure of around ₹50 crore. The annual expenditure for operating and maintaining all 38 schools is about ₹210 crore, which is borne entirely by the State Government.

According to the affidavit, these schools have delivered measurable outcomes. During the academic year 2024–25, 1,340 students from these institutions secured admission to premier all-India institutions, and several students obtained fully funded international scholarships.

Tamil Nadu suggested that instead of establishing new Navodaya schools, the Union Government could extend financial support to the State's existing Model Residential Schools. It also suggested that the policy and operational framework of the Navodaya scheme could be aligned with the constitutional provisions, statutory mandates and policy framework prevailing in the State.

“in order to avoid duplication of institutions, preserve State legislative autonomy and achieve national educational objectives through existing infrastructure, the State placed before the Government of India that financial support may be extended to the existing Model Residential Schools of the State. It was also submitted that the policy and operational framework of the Jawahar Navodaya Vidyalaya scheme may. be appropriately considered and aligned so as to be in conformity with the constitutional provisions, statutory mandates and settled policy framework prevailing in the State of Tamil Nadu. Such an approach would strengthen cooperation between the Union and the State”, the affidavit states.

According to the affidavit, the State raised the issue of non-release of the approved Central share under the Samagra Shiksha scheme during the consultation. It said that for the financial years 2024-25 and 2025-26, the total approved Central share amounted to ₹3,998.82 crore, but only ₹450.60 crore had been released under RTE entitlements, leaving ₹3,548.22 crore pending.

According to the affidavit, only 16.86% of the Central share for 2024-25 and 4.75% for 2025-26 have been released so far, which affects implementation of educational programmes and the functioning of the school education system. The State said that these concerns have been conveyed to the Central government in the consultation meeting.

Background

The Supreme Court is seized of a petition filed by the State of Tamil Nadu challenging a Madras High Court judgment directing the State to establish a Jawahar Navodaya Vidyalaya in every district.

The High Court had held that the State's refusal to permit Navodaya schools curtailed students' rights to choose educational institutions and was inconsistent with the Right of Children to Free and Compulsory Education Act.

On December 15, the Supreme Court directed the Union Government and the State to hold consultations on the issue and ascertain the land required for establishing Navodaya schools in each district. The Court said the exercise was exploratory and asked both sides to engage in a federal discussion on the issue.

Case no. – SLP(C) No. 33459/2017

Case Title – State of Tamil Nadu v. Kumari Maha Sabha