HC adjourns petition to bring education under State List

CHENNAI: A three-judge bench of Madras High Court on Monday adjourned a petition to November 7 for final arguments challenging the Union government’s move of shifting education from the State List to the Concurrent List.

The bench comprising Justice R Mahadevan, Justice M Sundar, and Justice Senthilkumar Ramamoorthy passed the matter to November on hearing the petition filed by Dr Ezhil Naganathan MLA. The petitioner moved the plea on behalf of Aram Seiya Virumbu trust.

The three-judge bench posted the matter after the petitioner, the State and Union government informed the bench that they have to share the case-related documents.

The petitioner submitted that Section 57 of the Constitution (Forty-Second Amendment) Act, 1976 whereby deleted Entry 11 from List II and transferred the subject contained in said Entry 11 from the State list to the Concurrent list, making it a part of Entry 25, List III, violates the basic structure doctrine.

“Education is a subject which shifted from List II to List III. The same act has resulted in upsetting the federal structure that was envisaged by the makers of the constitution,” Dr Ezhilan submitted.

The petitioner also noted that National Education Policy (NEP) 2020, and National Council for Teacher Education Act, 1993, etc., have taken away the State’s autonomy causing damage to the federal structure.

“States are better equipped to know the educational needs of the different communities, the requirements for specific types of education, the socio-economic status of different communities and formulate policies and laws that address the prevailing problems,” the petitioner added.

When the petition was filed, the matter was referred to the three-judge bench as the matter has constitutional importance.