HC orders interim injunction restraining School Education Department from enforcing certain legal provisions on play schools

The Madurai Bench of the Madras High Court on Wednesday ordered an interim injunction restraining the School Education Department from enforcing certain provisions of the Tamil Nadu Private Schools (Regulation) Act, 2018 and the Tamil Nadu Private Schools (Regulation) Rules, 2023 on the play schools of the Tamil Nadu Play School Owners’ Association, Madurai.

A Division Bench of Justices R. Subramanian and L. Victoria Gowri was hearing the petition filed by the association. The petitioner, Calvary Thiyagarajan, secretary of the association, said that its members were all play schools located across Tamil Nadu, and there were 40 members at present.

There were around 6,000 play schools functioning in the State, and nearly 90% of them were managed and run by housewives as an entrepreneurial concern, the petitioner said.

He said that some of the provisions in the Act and the Rules infringe on the rights of the play schools under Article 19(1)(g) of the Constitution in relation to their establishment and administration. That apart, barring a few areas, the Act and the Rules seek to impose all other regular conditions as applicable to other schools offering education up to higher secondary level.

He pointed out that the Ministry of Women and Child Development (MWCD) introduced the National Early Childhood Care and Education Policy (ECCE) in 2013 with a view to reaffirming the nation’s commitment to the right of children to care, nutrition, health and education in early childhood.

The crucial role of quality pre-school education was recognised through the 86th Constitutional Amendment, which introduced Article 45 that states that the State shall endeavour to provide early childhood care and education for all children until they complete the age of six, he said.

Pursuant to the National ECCE Policy of 2013, several States had taken into consideration the unique characteristics of play schools, and had enacted special legislation for regulation of such schools. As per the National Regulatory Guidelines for Private Play Schools, 2022, the competent authority was the Department of Women and Child Development, the petitioner said.

However, in violation of the guidelines, the Tamil Nadu government had bestowed all powers of regulation and supervision of the play schools on the School Education Department instead of the Social Welfare and Women Empowerment Department, he said.

The petitioner said it will cause several difficulties because placing the regulation of play schools, which impart informal education, under the same department that regulates regular school education would create confusion and chaos with respect to the grant of recognition and approvals. If play schools were to be regulated by the School Education Department, the significance of children’s care would be lost, he said.

Play schools do not impart formal education, but provide the foundation for it. It is unreasonable, unfair and unconstitutional to treat play schools/pre-schools on a par with regular schools and govern them under the same legislation, he said, adding that the enforcement of the provisions will affect the livelihood of thousands of play school owners across the State, who have been running play schools for several decades.

The court adjourned the hearing in the case till October 4.

Published - September 18, 2024 09:46 pm IST