TN Appointment On Preferential Basis Related Bill - Tamil Medium Students Suffering Due To Non Granting Of Governor's Assent: Madras High Court

The Bench of Justice N. Kirubakaran and Justice B. Pugalendhi also observed,

"Because of non-granting of Assent to the Amendment Bill, which was passed in the Legislative Assembly of the State of Tamil Nadu, as early as on 16.03.2020, the Students, who studied in Tamil Medium, are suffering."

The matter before the Court

The petitioner (G. Sakthi Rao) sought a direction to the State to ensure that only those who had completed their entire education in Tamil Medium to be eligible under the Person Studied in Tamil Medium quota and that TN Government to frame proper rules for Person Studied in Tamil Medium quota.

It was brought to the notice of this Court that an Amendment Bill to amend ''The Tamil Nadu Appointment on preferential basis in the Services under the State of Persons studied in Tamil Medium Act'', was passed in the Legislative Assembly of the State of Tamil Nadu on 16.03.2020 and the same was sent to the appropriate Constitutional Authority for Assent.

Further, the Court noted that the said Amendment Bill has been pending before the said Authority for more than eight months for a decision. Therefore, the Court suo motu impleaded the Secretary to the Governor of Tamil Nadu.

The matter has been posted for further hearing on Wednesday (09^th December).

It may be noted that recently the same bench of Madurai Bench of Madras High Court had observed that if a bill is presented for assent, a decision has to be taken by the Governor as soon as possible.

The Bench had stated,

"No doubt Article 361 of the Constitution of India gives protection to the Constitutional Authority. However, in the given circumstances, a decision has be taken, taking into consideration the future of the Government School students, who are invariably from marginalized and poor sections, as soon as possible as provided under Article 200 of the Constitution of India."

The remarks were made in a writ petition seeking a direction upon the Governor to take a decision with regard to the 'Tamil Nadu Admission to UG Courses in Medicines, Dentistry, Indian Medicine & Homeopathy on preferential basis to the Students of the Government Schools Bill, 2020'.

The Petitioner had submitted that said Bill was unanimously passed by the Tamil Nadu Assembly in September this year. However, the Bill was kept pending by the Governor for almost two months.

Case title - G. Sakthi Rao v. The Chief Secretary, Government Of Tamil Nadu and others [WP(MD) No.8025 of 2020]

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