The Madras High Court on Tuesday issued notices to the Union and Tamil Nadu government on a writ petition filed by a Chennai-based trust challenging transferring of the subject ‘education’ from the State list to the Concurrent list.
Chief Justice Sanjib Banerjee and Justice P D Audikesavalu asked the governments to file their responses within eight weeks after which the case will be taken up for hearing.
Aram Seyya Virumbu, the trust which provides free legal aid to the poor, has challenged the Constitutional amendment that allowed education to be transferred to Concurrent from State subjects. Both Centre and state governments have powers to enact laws that are on the Concurrent list.
The petition filed by DMK MLA Dr N Ezhilan, in his capacity as trustee of the trust, pointed out that education was a State subject since the British-era and the Indian Constitution also allotted the subject to the state. However, it was transferred to the Concurrent list in 1976. The petition nudged the court to strike down Section 57 of the 1976 Act and consequently restore the position of education as a State subject.
The petition assumes significance in the wake of the Tamil Nadu Assembly passing a Bill seeking exemption from NEET for students from the state. Dr Ezhilan has been campaigning against NEET since 2016 and has now approached the court seeking to transfer education back to the state list.
Check out latest videos from DH:
Published 14 September 2021, 10:36 IST