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

On 4th December which was a Friday the Madurai Bench of the Madras High Court directed the State to get instructions as to when a decision with regard to the Bill to amend the ‘Tamil Nadu Appointment on Preferential Basis in the Services under the State of Persons Studied in Tamil Medium Act, 2010 will be taken this was while they were suo-moto impleading the Secretary to the Governor of Tamil Nadu. The Madurai bench consisted of Justice N. Kirubakaran and Justice B. Pugalendh. On 16th March 2020 the non-granting of Assent to the Amendment Bill passed by the Legislative Assembly of Tami Nadu was negatively affecting the students who studied in Tamil. This observation was made by the bench as well. The matter before the court was that the state had to frame proper rules for the people who studied in Tamil medium and only the people had their entire education done in Tamil benefit from the Tamil Medium quota, this was sought by the petitioner. The Amendment bill passed on the 16th march was pending before the Constitutional Authority for Assent for more than 8 months and this led to the Court suo-moto impleaded the Secretary to the Governor of Tamil Nadu. The next hearing of this matter is on 09th December which is a Wednesday. This is the same court that stated that if a bill is placed for assent, the Governor has to take a decision as soon as possible. The bench recognized that Article 361 of the Constitution protects the Constitutional Authority but under Article 200 a decision has to be taken when it comes to the future of the Government students belonging to the marginalized and poor sections of the society.

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