The Supreme Court on Thursday orally urged the Union government to reconsider the introduction of a third language from Class 9 under the CBSE curriculum, observing that introducing a new language at that stage would place unnecessary academic pressure on students preparing for Class 10 board examinations.
The observations were made during the hearing of the Tamil Nadu government’s appeal against a Madras High Court judgment directing the state to facilitate the establishment of Jawahar Navodaya Vidyalayas (JNVs) in every district.
The Division Bench of Justice BV Nagarathna and Justice R. Mahadevan clarified that the validity of the CBSE’s three-language policy was not directly under challenge in the present proceedings. The Bench noted that the policy is already under consideration in separate public interest litigations pending before a Bench headed by Chief Justice of India Surya Kant, which has declined to stay its implementation and has listed the matter for further hearing next week.
During the hearing, Tamil Nadu submitted that its principal objection to the JNV scheme stemmed from the three-language framework followed in the schools. Justice Nagarathna, however, observed that the policy does not mandate Hindi as the third language and merely requires the State language, English and any one additional language. When the respondent NGO, Kumari Maha Sabha, pointed out that the National Education Policy expressly provides that no language should be imposed on any State, the Bench observed that students could opt for languages other than Hindi, including Sanskrit.
When the State informed the Court that the third language becomes compulsory only from Class 9, Justice Nagarathna expressed concern over the timing of its introduction. Referring to the pressure associated with board examinations, she observed that students begin preparing for Class 10 from the end of Class 8 and introducing a new language in Class 9 would only add to their academic burden. Drawing from her own educational experience, the judge recalled that during her schooling, students were introduced to a third language in middle school because it was required for the Secondary School Leaving Certificate examination. She suggested that if a third language is to be taught, it should begin from Class 6 and not from Class 9.
Addressing the Union Government, Justice Nagarathna orally appealed that the third language should not be introduced at the Class 9 level in CBSE, ICSE or State Board schools, considering the significant examination pressure faced by students. Recalling that Class 10 syllabus preparation had commenced as early as Class 8 during her own schooling in the 1970s, she remarked that the academic burden on present-day students would be even greater.
The Bench also advised the Tamil Nadu Government not to reject Central educational schemes solely because they originate from the Union Government. It observed that while the State may continue with its own educational model, it should not deny students the option of studying in Central Government institutions such as Jawahar Navodaya Vidyalayas. The Court noted that every other State has established JNVs and questioned why students in Tamil Nadu should be deprived of similar educational opportunities.
The Court further recorded that consultations between the Union Government and the newly elected Tamil Nadu Government on the establishment of JNVs were still in progress. Observing that the discussions had not concluded, the Bench stated that it would examine the legal merits of the dispute only if the consultative process failed. Taking note of the recent change in government in Tamil Nadu following the Assembly elections, the Court observed that the policy position of the new administration remained to be finalised and granted the State additional time to obtain instructions. The matter has been listed for further hearing on August 11.
The case arises from a Madras High Court judgment directing the Tamil Nadu Government to establish a Jawahar Navodaya Vidyalaya in every district and to provide temporary accommodation for 240 students in each district. The High Court had held that the State’s refusal to implement the scheme curtailed students’ right to choose educational institutions and was inconsistent with the Right of Children to Free and Compulsory Education Act. The Supreme Court stayed the High Court’s directions in December 2017.
On December 15, 2025, the Supreme Court directed the Union and Tamil Nadu Governments to hold consultations regarding the establishment of JNVs, identify suitable land and place the outcome before the Court as part of what it described as an exploratory exercise in cooperative federalism. A consultation meeting was subsequently held on January 5, 2026.
In its affidavit, the Union Government stated that the National Policy on Education, 1986 envisages Jawahar Navodaya Vidyalayas to provide quality residential education to meritorious rural students. It informed the Court that 689 JNVs have been sanctioned across 666 districts nationwide, but none could be established in Tamil Nadu because the State has not accepted the scheme. The Centre clarified that in non-Hindi-speaking States, the medium of instruction from Classes VI to VIII is the regional language or English, while science, mathematics, social sciences and humanities are taught in English from Classes IX to XII. It also submitted that establishment of a JNV requires the State Government to provide approximately 30 acres of land free of cost along with temporary accommodation and essential infrastructure.
Tamil Nadu, on the other hand, argued that the JNV scheme is incompatible with its statutory two-language policy embodied in the Tamil Nadu Legislative Assembly’s 1968 resolution and the Tamil Nadu Tamil Learning Act, 2006, under which Tamil and English are compulsory while a third language is only optional. According to the State, implementation of the JNV scheme would require deviation from its existing statutory framework.
The State further submitted that it has already achieved the objectives of the JNV scheme through its own network of 38 Model Residential Schools, one in each district, established at a capital expenditure of approximately Rs 50 crore per school with an annual operational expenditure of about Rs 210 crore borne entirely by the State. It informed the Court that during the academic year 2024-25, around 1,340 students from these schools secured admission to premier educational institutions, while several others received fully funded international scholarships. Tamil Nadu suggested that instead of establishing new JNVs, the Union Government should financially support the existing State-run Model Residential Schools or suitably modify the JNV policy to align with the constitutional, statutory and educational framework prevailing in the State.
The State also informed the Court that it had raised concerns regarding the delayed release of funds under the Samagra Shiksha scheme during the consultation process. It submitted that out of the approved Central share of Rs 3,998.82 crore for the financial years 2024-25 and 2025-26, only Rs 450.60 crore had been released, leaving Rs 3,548.22 crore pending, which has adversely affected the implementation of school education programmes across the State.
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