Apex court rejects plea filed by Tamil Nadu on education funds
The Supreme Court on Monday rejected a plea by the Tamil Nadu government seeking an urgent hearing in its suit against the Union government for allegedly withholding over ₹2,000 crore in funds under the Samagra Shiksha Scheme (SSS), citing what the state described as 'coercive tactics' by the Centre to force the state to implement the National Education Policy (NEP) 2020.
'For how long has this fund not been given? What is the urgency now?' a bench of justices Prashant Kumar Mishra and Manmohan asked senior advocate P Wilson, who mentioned the matter on behalf of the Tamil Nadu government, seeking an expedited listing.
As Wilson flagged the constitutional right to free and compulsory education of nearly 4.8 million students in the state being adversely impacted, the bench remained unconvinced and declined the request: 'The plea is rejected.'
The brief exchange took place during the Supreme Court's ongoing summer recess, now designated as a period of 'partial court working days' where only two to three benches sit and only matters of pressing urgency are usually considered, in addition to some old cases where both sides have given their consent to argue during the break. The regular functioning of the top court will resume on July 14.
Filed under Article 131 of the Constitution, Tamil Nadu's suit accuses the Centre of linking its annual share under the SSS to the implementation of the NEP 2020 and the PM SHRI Schools Scheme -- a condition the state calls 'unconstitutional, arbitrary and coercive.'
According to the suit, the Project Approval Board had approved a total outlay of ₹3,585.99 crore for Tamil Nadu under the SSS for the financial year 2024–25, of which ₹2,151.59 crore was to be the Centre's 60% share. The state claims this amount was not released solely because of its principled opposition to NEP 2020.
Tamil Nadu, ruled by the Dravida Munnetra Kazhagam (DMK), has been a vocal critic of the NEP, particularly its three-language formula, which the state believes undermines its two-language policy rooted in Tamil linguistic pride and regional identity.
'The Union Government seeks to coerce the State to implement the NEP-2020 throughout the State in its entirety and to deviate from the education regime followed in the State,' the suit submitted, while asserting that the SSS is a standalone scheme that should not be tied to compliance with any other olicy.
The suit further alleged that the withholding of funds 'cripples the implementation of the Right of Children to Free and Compulsory Education Act, 2009,' directly impacting 4.39 million students, 2.2 lakh teachers, and over 32,000 school staff in the state.
The state's legal team has argued that the Centre's move violates the spirit of cooperative federalism and amounts to an 'usurpation' of the state's constitutional powers to legislate on education, which falls under Entry 25 of the Concurrent List.
Tamil Nadu has also urged the Supreme Court to declare that the implementation of the NEP and the PM SHRI Schools Scheme, which mandates full compliance with NEP, is not binding on the state. It has sought a direction to the Centre to immediately release ₹2,291 crore (including interest), claiming the delay is 'not only illegal but also violative of constitutional morality.'
While the plea for an urgent hearing has now been declined, the main suit continues to be listed for regular hearing.
The standoff comes amid a broader constitutional tussle between the Tamil Nadu government and the Union government. On April 8, the Supreme Court struck down Tamil Nadu governor RN Ravi's controversial move to reserve 10 re-enacted state bills for presidential assent, and the matter is now part of a presidential reference pending before the top court.
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