A bench comprising Justices Prashant Kumar Mishra and Manmohan took note of the fact that the state government filed the petition in May alleging withholding of central funds for 2024 and this year also.
“There is no urgency and it can be taken up after the ‘partial working days’ (the new name of summer vacation),” the bench said.
In May, the Tamil Nadu government moved the top court against the Centre for allegedly withholding the funds.
The DMK government’s plea, filed against the Union Ministry of Education, invokes Article 131 of the Constitution which provides exclusive jurisdiction to the top court to hear pleas between the Centre and one or more states, or between one or more states.
The state government alleged the Centre attempted to force the implementation of the National Education Policy (NEP) 2020 and the associated PM SHRI Schools Scheme which it strongly objected to, particularly the contentious three-language formula.
The top court, therefore, was urged to declare that the NEP and the PM SHRI Schools Scheme are not binding on the plaintiff state unless and until a formal agreement is entered into between the plaintiff and the defendant for their implementation within Tamil Nadu .
The lawsuit has also sought a declaration that the action of the Centre to link Tamil Nadu’s entitlement to receive funds under the Samagra Shiksha Scheme to the implementation of the NEP, 2020, and the PM SHRI Schools Scheme within the state are unconstitutional, illegal, arbitrary, unreasonable .
It has also urged the top court to declare the Centre’s letters of February 23, 2024 and March 07, 2024 as illegal, null, void ab initio and not binding on the state government.
The plea sought a direction to the Centre to pay “Rs 2,291,30,24,769 (two thousand two hundred and ninety-one crore thirty lakhs twenty-four thousand seven hundred and sixty-nine) within a time frame to be fixed by this court” along with a future interest of 6 per cent per annum on the “principal sum of Rs 2,151,59,61,000 (two thousand one hundred and fifty-one crore fifty nine lakh and sixty one thousand) from May 1, 2025 until realisation of the decree”.
The dispute stems from the non-release of central funds under the Scheme, a flagship centrally sponsored programme for school education aimed at universalising quality education.
The Project Approval Board (PAB) of the Ministry of Education had approved a total outlay of Rs 3,585.99 crore for Tamil Nadu for FY 2024 25, of which the Union Government’s committed 60 per cent share amounted to Rs 2,151.59 crore.
The plea said despite this approval, no instalments have been disbursed by the Centre as yet.
The Centre, it said, unilaterally linked the release of these funds to Tamil Nadu’s full implementation of NEP 2020 and the signing of an MoU for the PM SHRI Schools Scheme, conditions which were neither part of the original Samagra Shiksha Scheme nor agreed upon by the state.
The reason for such non-disbursement is that the defendant has linked the release of Samagra Shiksha Scheme funds with the implementation of national education policy and NEP exemplary PM SHRI Schools’ Scheme despite the fact that these policy/scheme are separate schemes, it said.
Referring to the impact of non-release of Samagra Shiksha funds, the plea said paying salaries was crucial in maintaining competent and motivated teachers and supporting staff.
It directly impacts the quality of education provided to students and contributes to overall societal development by nurturing the next generation with the skills and knowledge needed for success, it added. PTI SJK DV DV
