Duo get go-ahead to sue gov't on Tamil schools

Kota Alam Shah assemblyperson M Manoharan and Human Rights Party leader P Uthayakumar have legal standing to question the prime minister and his deputy on the government’s allegedly discriminatory policy on Tamil schools.

The Court of Appeal in a unanimous decision today cleared the way for Manoharan (right) and Uthayakumar to proceed with their suit against the government.

The three-member panel headed by Justice Mohd Hishamudin Mohd Yunus included Justice Abdul Aziz Abdul Rahim and Justice Mohd Ariff Md Yusof.

“The court is of the view that the Manoharan and Uthayakumar have the legal standing, so the case must proceed for trial on the merits,” Justice Hishamudin said.

The appellate court also ordered the government to pay costs of RM2,000.

Following this, the court ordered the case to be remitted for hearing, and fixed Jan 29 for case management for the hearing date to be set.

Manoharan and Uthayakumar had lodged an appeal when the Kuala Lumpur High Court allowed a preliminary objection and ruled that the two do not have locus standii to initiate the suit.

They had named Prime Minister Najib Abdul Razak and his deputy Muhyiddin Yassin in their personal capaciies in the suit, as well as the government, over the discrimination in 523 Tamil schools being partially-aided schools and not fully-aided schools.
 
They argued that they have the right to initiate the action as according to public law under Article 8 of the federal constitution, everybody should be treated equally before the law and under Article 12, there should be no discrimination, and this included for educational institutions as well.

“The discrimination against Indian schools, where quite a number are not assisted, is a contravention of the federal constitution. This issue is not with regard to private law but public law as this concerns the government policy of not aiding the Tamil schools,” Manoharan said.

“The two must be hauled up to answer why the government aids some Tamil schools and not others. The government has not provided an explanation in this,” said the lawyer who appeared for himself and for Uthayakumar.

The two are seeking, among others, that a fund of RM55 billion be established and used to “undo the justices” against Tamil schools for 55 years. 

Tamil schools in dilapidated state

As a result of this, Manoharan and Uthayakumar said in  their statement of claim, the partially-aided schools were surviving with little facilities resulting in the schools being in a dilapidated state, infested with termites and denied facilities such as a library, computer and  science laboratories, playing fields, writing materials and ample electric supply. 

They claimed that Najib and Muhyiddin, as a result of this discriminatory action, had forced the poor Indian community to absorb the expenses for the schools and this resulted in the pupils suffering mental anguish and distress, resulting in other problems as well, which affected their studies. 

Such difficulties were the result of the negligence or failure of Najib and Muhyiddin to make such schools become fully-aided school.;

They cited exampled of schools where the classes are held in containers, such as SJK(T) Jeram in Kuantan, SJK(T) Batu Kawan, SJK(T) Labu and SJK(T) Taiping, while SJK (T) Assad is sited underground and SJK (T) Lukut operates from a shophouse. 
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Manoharan and Uthayakumar (above)  are also seeking a declaration that partially-aided schools are ultra vires the constitution; a mandamus order declaring that all Tamil schools, like national schools, be made fully-aided and elite Permata kindergartens be set up in all 523 Tamil schools.

They are also seeking general, exemplary and aggravated damages, interests and costs.