Rule Banning Private Schools From Using Premises For 'Political Or Ideological' Activities: Madras High Court Stays Requirement Of Reporting Compliance

The matter emanated from a petition filed by the correspondent on behalf of Sri Kamaraj Vidyalaya Primary School, raising the concern that the recent amendment to the Tamil Nadu Private Schools (Regulation) Rules, 2023, issued through Gazette Notification No. SRO A-S(b)/2026, dated March 2, 2026, in amended Rule 4, could become a tool of sweeping control rather than measured regulation.

The Division Bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan ordered, “As an interim measure, Rule 4(iv) of the Tamil Nadu Private Schools (Regulation) Rules, 2023, insofar as it requires educational agencies to upload a self-declaration for compliance of the provisions of the Act and Rules to the competent authority on or before 30th April of every year shall remain stayed till the next date of hearing.”

Senior Counsel S. Ravi represented the Petitioner, while Advocate General P.S. Raman represented the Respondent.

The impugned rule says:

No school premises shall be used, whether during or outside school hours, for organising, conducting, or facilitating any programme, meeting, campaign, instruction, or any activity by any external person, association, or organisation which is in the nature of: (i) political or ideological; (ii) communal or divisive; or (iii) otherwise, unrelated to the educational objectives of the school.

The petitioner stated in the petition that the cause for concern was the prohibition of political or ideological activities, as well as communal or divisive activities, within private school premises. As per the petitioner, the requirement of prior permission from the competent authority for conducting even cultural activities added another layer of overreach. The petitioner had further brought it to the Court’s notice that the cumulative effect of the impugned rule was to indirectly prohibit individuals from conducting lawful nationalist, cultural, and social workshops and boot camps, thereby infringing the fundamental rights guaranteed under Articles 19(1)(a), 19(1) (b), and 19(1)(g) of the Constitution.

The petitioner in the petition claimed, “I respectfully submit that the first cause for concern lies in the prohibition of “political or ideological activities” within private school premises. While the appearance may ostensibly be to keep party and electoral politics out of educational spaces, the breadth of these terms renders the provision deeply problematic."

“I respectfully submit that equally troubling is the prohibition of “communal or divisive activities.The absence of any definition renders the provision vague and open-ended. What constitutes “divisive” is inherently subjective and not defined in the rules and the determination is left to administrative discretion. This creates a real risk of selective enforcement. Organisations or individuals espousing views that are lawful but inconvenient to the ruling establishment could be excluded from school spaces. Such vagueness is antithetical to constitutional and prone to arbitrary State action. The petitioner school, deeply inspired by the values of Bharat Ratna K Kamarajar and Swami Vivekenananda, is likely to be affected by these vague regulations”, the petitioner added.

The matter has now been listed on June 15, 2026.

Cause Title: Sri Kamaraj Vidyalaya Primary School v. The State of Tamil Nadu (Case No.: W.P.Nos.14133 & 14263 of 2026)

Appearance

Petitioner: Senior Counsel S. Ravi, Advocate G. Babu

Respondent: Advocate General P.S. Raman, Additional Government Pleader E. Ranganayaki

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