The Supreme Court on Thursday directed the Tamil Nadu government to comply with its December 2025 direction to identify land for establishing Navodaya Vidyalayas in each district of the state.
"There has to be cooperative federalism," a bench of Justices B V Nagarathna and Augustine George Masih observed while hearing the Tamil Nadu government's plea.
"Tomorrow, if the central government comes up with any policy in the Concurrent List and if each of the states start saying that I don't accept your policy, then what will happen to our federal structure," the bench observed.
The top court was hearing the state's plea challenging the Madras High Court's September 2017 directive to facilitate the establishment of Navodaya Vidyalaya in every district there.
The bench also asked the state government to change its mindset over the issue.
Supreme Court asks Tamil Nadu to identify land
During the hearing, senior advocate Jaideep Gupta, appearing for Tamil Nadu, told the bench that an application has been filed for recall of the apex court's December 15, 2025 order.
In its December last year order, the top court had directed the state to identify the requisite extent of land that is necessary for establishing Navodaya Vidyalaya in each of its districts. It had said that the exercise be carried out within six weeks.
"We are not recalling that order," the bench observed on Thursday.
The bench noted that between December 15 and today, there has been a change in the government in the state.
"Be that as it may, we direct the petitioner state to comply with our order dated December 15, 2025 in so far as identification of the requisite extent of land that is necessary for establishing Navodaya Vidyalaya in each of the districts of the petitioner state," the bench said.
It said the direction is always subject to the result of the special leave petition filed by the state.
"In the circumstances, we grant the state government three months time to comply with the aforesaid direction," the bench said.
It asked the representatives of the state and the Centre to have further discussion with regard to the establishment of these schools there.
Language policy concerns discussed
During the hearing, the bench told the state's counsel, "Your mindset must first change. If you say I don't want Navodaya Schools because I don't want Hindi to be taught on the soil of Tamil Nadu..."
Gupta said the state was not at all opposing study of Hindi in Tamil Nadu.
"There are substantive number of schools (in Tamil Nadu) where Hindi is taught," he said.
Additional Solicitor General K M Nataraj, appearing for the Centre, said the requirement of the state is only to provide land.
"Rest everything will be taken care of by the central government. There will be no burden at all on the state government," he said, adding that the issue regarding language policy can be worked out.
SC stresses cooperative federalism
The bench asked both the sides to have dialogue and work out the issue.
"People in Chennai should not alienate Delhi and vice versa Delhi should not...," the bench observed.
It stressed that everybody must work together.
"We are not alienating you or alienating them. Some more type of schools come in your state which will only enhance your high standards which we are aware of. This is not going to lower your standards," the bench said and posted the matter for hearing on December 14.
The Tamil Nadu government has opposed the setting up of Navodaya Vidyalayas over concerns with regard to the three-language policy curriculum followed by the schools.
The high court had held that the State's refusal to permit Navodaya Vidyalaya curtailed students' right to choose educational institutions and was inconsistent with the Right of Children to Free and Compulsory Education Act of 2009.
The top court had stayed the high court's directions on December 11, 2017 after the state challenged the decision.
On December 15 last year, the top court modified the interim order of stay and directed the state to identify the requisite extent of land that is necessary for establishing Navodaya Vidyalayas in each of the districts of the state.