G.L.OZA - (1.) THIS Writ Petition was filed challenging the action taken by the respondent, the State Government of Assam under the Asom Rashtrabhasha Prachar Samiti (Taking Over Management and Control) Act 1984 (Assam Act No. XXIII of 1984) which was an Act enacted by the Legislative Assembly of Assam and received the assent by the Governor of Assam and published in the Assam Gazette Extraordinary dated 15-12-84. It also challenged the orders contained in Notification Nos. EPG 57/84/25/A, EPG 57/84 /30-A and EPG 57/84/51-A dated 1-10-84, 10-11-84 and 19-3-85 respectively issued by the Education (Personnel) Department of the Government of Assam.
(2.) ACCORDING to the petitioner in 1929 Lahore Congress under the leadership of Mahatma Gandhi adopted a resolution for the spread of Hindi as the common language for the whole of India with a view to promote national intergrity and in pursuance of this resolution institutions for the spread and prachar of Hindi in the non-Hindi areas were established. First of this kind was established in Madras City in the name of Dakshin Bharat Hindi Prachar Samiti, then in Wardha, for the development and spread of Hindi in the rest of India. Late Baba Raghab Das a devoted disciple of Gandhiji undertook the task of spreading Hindi in the North Eastern part of India and in 1934 eminent local leaders of this region, Late Tarun Ram Phukan, Late Nabin Chandra Bardaloi, Late Gopinath Bardaloi, Late Krishna Nath Sarma and others joined Baba Raghab Das and the first institution named Asom Hindi Prachar Samiti was formed on 3-11-38 at Gauhati with late Gopinath Bardaloi the first Chief Minister of Assam under the 1935 Act as its President. In 1948 Asom Hindi Prachar Samiti was renamed as Assam Rashtrabhasha Prachar Samiti with its head office at Gauhati. It is this Assam Rashtrabhasha Prachar Samiti, the petitioner No. 1, which is a registered society under the Societies Registration Act 1860 with its registered office at Hedayatpur, Gauhati-3 District Kamrup. The registration No. of the Samiti which is 18th of 1951 and according to the petitioner this Society has a membership of about 22,000 persons scattered all over the States and Union Territories of North-Eastern part of India. The Samiti has district committees under its control. The Samati also has two affiliated bodies namely Manipur Hindi Prachar Sabha, Imphal and the Asom Rashtrabhasha Sewak Singh. This Samiti has a sole constitution known as Bidhan which is also registered with the Registrar of Societies Assam at Gauhati. This Samiti is a literary body and under S. 4 of the Bidhan the objects of the Samiti have been stated thus : a) To propogate and promote Hindi as a national language in Assam, Meghalaya, Mizoram, Nagaland, Manipur, Tripura and Arunachal Pradesh as provided in Art. 351 of the Constitution of India. b) to promote efficient, educated, qualified workers of good character to hold out the Indian ideal before the future generations. c) to serve the State languages and literatures together with the promotion of Hindi. d) to serve the tribal languages and culture through the medium of Hindi language and to create kindness with the tribal brethren. e) to undertake a programme of literacy amongst the illiterate. This Samiti according to the petitioners discharges its functions including the holding of examinations in Hindi in the State of Assam Meghalaya and the Union Territory (as they were then) of Mizoram and also production and publication of prescribed text books in Hindi for primary schools, High School, Higher Secondary schools and the Colleges up to the degree standard. The Samiti holds different examinations twice in a year in which about 60,000 candidates at the time of the filing of this petition on an average used to appear. The successful candidates are issued certificates which are recognised by the Government of India and the Government of Assam and various All India organisations. The Samiti also imparts training and teaching in Hindi through a large number of Vidyalayas numbering about 400 and through Pramanita Pracharaks i.e. authorised propagators numbering about 5,000 scattered all over in the North-Eastern Part of India. It also alleged that from the very inception it had acquired assets and properties and the assets and properties at the time of the filing of the petition were stated to be : JUDGEMENT_496_4_1989Html1.htm
(3.) ACCORDING to the Bidhan of the Samiti the management and administration of the Samiti is run by elected bodies namely Byabasthapika Sabha (meaning the General Council) and the karyapalika (meaning the, Executive Committee), the term of each body is 5 years from the date of holding of their first meeting. ACCORDINGly the term of the Byabasthapika Sabha was to expire on 9-8-87 (five years from the date of holding the first meeting which was held on 10-8-82) and the term of Karyapalika was to expire on 18-8-87 (five years from the date of the first meeting which was 19-8-82). That under S. 10 of the Bidhan the Karyapalika of the Samiti consisted of 17 members with the following office-bearers : JUDGEMENT_496_4_1989Html2.htm ;