NEP row: Tamil Nadu govt moves SC against Centre for withholding funds

The Tamil Nadu government has filed a petition before the Supreme Court against the Government of India for allegedly withholding funds after the state government decided not to implement the New Education Policy, 2020

In the petition, the Tamil Nadu government has sought the release of more than 2000 crores under Samagira Sikha Scheme. The state government has urged the SC to fix a timeframe and sought the recovery of the amount with a future interest at the rate of 6% per annum on the principal sum.

The state government has also asked SC to declare Union Government's action of withholding funds under the Samagra Shiksha Scheme to implement NEP as "unconstitutional, illegal, arbitrary and unreasonable." 

The state government, led by CM MK Stalin, has also asked the apex court for a declaration that the National Educational Policy, 2020 and the PM SHRI Schools Scheme are not binding on Tamil Nadu.

The DMK government also asked the SC to direct the defendant to continue to comply with and perform its statutory obligations of paying to the Plaintiff State grants in aid of revenues for implementation of obligations under The Right of Children to Free and Compulsory Education Act, 2010, including but not limited to paying the Defendant's share of 60% of expenditure in accordance with law before the commencement of every academic year and within thetime frame.

Earlier, CM MK Stalin had announced that they would go before the Supreme Court to seek funds for the State.

The Tamil Nadu government has accused the Central government of trying to push Hindi "sideways" through the NEP, despite the state's longstanding resistance to such policies.

The government has strongly opposed implementing the NEP, raising concerns over the three-language formula and alleging that the Centre wants to "impose" Hindi. 

Earlier, SC has dismissed a PIL seeking implementation of the three-language formula, proposed by the National Education Policy (NEP) 2020, in Tamil Nadu, Kerala and West Bengal.

A bench headed by Justice JB Pardiwala refused to entertain the plea, saying the court cannot directly compel a state to adopt a policy like the National Education Policy 2020. The top court in its order stated.

"It (court) cannot directly compel a state to adopt a policy like the National Education Policy 2020. The court may, however, intervene if a state's action or inaction related to the National Education Policy violates any fundamental rights. We do not propose to examine this issue in this writ petition. We believe that the petitioner has nothing to do with the cause he proposes to espouse. Although he may be from the state of Tamil Nadu, yet on his own admission, he is residing in New Delhi. In such circumstances, this petition stands dismissed.