CHENNAI: It is well settled law that any elected government is empowered to take any policy decision for the welfare of the people for which the people’s mandate was given to it, the TN Nursery, Primary, Matriculation and Higher Secondary Schools Managements Association said in its petition seeking to implead itself as a party in the writ petition challenging the new government’s decision to defer the implementation of the TN Uniform System of School Education Act, 2010.Once a policy decision was taken in any field including education, it could not be questioned before the court of law except when it was unconstitutional and violative of the fundamental rights, association general secretary D Christdass said in his impleading petition. Appearing for the association, representing over 970 matriculation schools, advocate R Suresh Kumar submitted that it was the duty and responsibility of any government which received a massive mandate, to look into the huge hue and cry over any alarming subject matter under the domain of the State. Therefore, the decision of the new government would certainly be within its domain and it could not be questioned in court of law.The mere upholding of the validity of the Act by the HC would not disentitle or preclude the government from any valid policy decision on the subject. Moreover, Christdass, a member of Dr Muthukumaran panel constituted by the previous regime, had expressed his resentment to the Act. But it was overlooked and the panel had unilaterally decided to accept recommendations of the then government, he alleged.
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