NEW DELHI: The Supreme Court on Monday declined a plea by Tamil Nadu to urgently list a suit filed by it alleging that the Centre was withholding funds under the Samagra Shiksha Scheme (SSS) over non-implementation of the National Education Policy (NEP) 2020 and PM SHRI.
In its suit, the state sought for recovery of Rs 2291.30 Cr crores within a time frame to be fixed by this court together with future interest at the rate of 6% per annum on the principal sum.
On behalf of the state government, senior advocate P Wilson urged for listing of the matter. He submitted the non availability of funds would affect 48 lakh students as new academic session is set to begin on June 3.
A bench of Justices Prashant Kumar Mishra and Manmohan, however, told the counsel, "There is no urgency, it can be taken up after partial working days (summer vacations)".
The court also noted similar pleas were earlier filed by Tamil Nadu in 2024 and this year also.
The state government, in its original suit filed under Article 131 of the Constitution, sought a direction to the Union government to pay it Rs 2,291.30 crore, with interest at 6% per annum on the principal sum of Rs 2,151.59 crore, from May 1, 2025, until realisation of the decree.
It also sought a direction that the letters of February 23, and March 07, 2024 issued by the Centre as illegal, null and void ab initio and not binding on the State.
The state government further sought a direction to the Centre to continue to comply with and perform its statutory obligations of paying to the plaintiff State grants in aid of revenues for implementation of obligations under the Right of Children to Free and Compulsory Education Act.
The suit contended that the glaring reason for such non-disbursement is that the Centre has linked the release of SSS funds with the implementation of NEP and NEP exemplary PM SHRI Schools Scheme despite the fact that these policy/scheme are separate ones.
"The Centre by withholding the plaintiff's entitlement to receive funds under the Samagra Shiksha Scheme is an ignorance of the doctrine of co-operative federalism. The usurpation of the constitutional power of the plaintiff State to legislate under Entry 25, List III seeks to coerce and force the plaintiff State to implement the NEP-2020 throughout the State in its entirety and to deviate from the education regime followed in the plaintiff State," the plea said.
The M K Stalin government also sought a declaration that the NEP 2020 and PM SHRI Schools Scheme as not binding on the State unless the state and the Union government entered into an written agreement to implement the same within the State.
"The Union government's actions in linking the Tamil Nadu States entitlement to receive funds under the Samagra Shiksha Scheme to the implementation of the National Education Policy 2020 and PM SHRI Schools within the State of Tamil Nadu as unconstitutional, illegal, arbitrary and unreasonable," the plea said.
