R.K.Agrawal, J. - (1.) This writ petition has been filed by U.P. Urdu Development Organization through its Hony. General Secretary Dr. Parwaj Ulum, and Dr. Parwaz Ulum in his individual capacity under Article 226 of the Constitution of India, seeking the following reliefs:- "(i) to issue a writ, order or direction in the nature of writ of mandamus commanding the respondents to provide Money Order Form and other Forms in trilingual i.e. Hindi, Urdu and English simultaneously meant for the use of Public in Uttat Pradesh as per the "ORDER REGARDING THE OFFICIAL LANGUAGE POLICY" Chapter II Order 2.20 (A); (ii) issue a writ, order or direction in the nature of writ of mandamus commanding the respondents to provide a common facility for public of Uttar Pradesh so that Registered Letters, Speed Post Letters and Parcels addressed in Urdu Language be received by the post offices through out the Uttar Pradesh in compliance of Central Govt. Official Language Policy; (iii) to issue a writ, order or direction in the nature of mandamus directing and commanding the respondents to provide a common facility to entertain grievances/complaints/ representations in Urdu Language in compliance of Article 350 of the Constitution of India, 1950; (iv) to issue a writ order or direction in the nature of mandamus commanding the respondents to make at least one appointment of Urdu Educated Person/ Urdu Translator in each and every post Offices of Uttar Pradesh so that Central Govt. Official Language Policy "(THE ORDER REGARDING THE OFFICIAL LANGUAGE POLICY) Chapter 2 Order 2.20(A) and Article 350 of the Constitution of India be fully complied with. (v) to issue any other writ, order or direction in any of the nature which this Hon'ble Court may deem fit and proper in the circumstances of the case. (vi) to award the cost of the petition to the petitioners against the respondents."
(2.) We have heard Dr. Parwaz Ulum, petitioner no.2 in person on behalf of petitioner no. 1 also and Shri Subodh Kumar learned Standing counsel for the respondents.
(3.) According to the petitioners, there is no adequate facility for Urdu speaking public in the various Post offices in the State of U.P. to receive letter/complaint/registered letter addressed in Urdu because of non availability of Urdu educated Employee/ Urdu Translator, despite the fact that Urdu has been declared the second official language in the State. The petitioners raised their grievance to different post offices located in Allahabad City, wherein there was general suggestions for providing an adequate facility for public in its Post Offices for entertaining work in Urdu. The petitioners also made similar representation to the various authorities of the State as also of the Central Government but all their efforts did not bear any fruit. According to the petitioners, the Department of Official Language, Ministry of Home Affairs, Government of India has issued Manual regarding the use of official language Hindi Chapter 2 of the Manual deals with Official Language Policy. Paragraph 2.20 (A) deals with the printing of Money Order Forms and other Forms meant for the use of public in regional languages. It provides for printing of forms in Hindi, English and regional language if it is different from Hindu. Thus, according to the petitioners, Urdu being the second official language in the State of U.P., Money Order Forms, telegram Forms, Accounts Opening Forms, Withdrawal Forms and other postal forms for use of public, should be printed in Hindi, English and Urdu simultaneously. The petitioners also relied upon the Uttar Pradesh Official Language (Amendment) Act 1989 by which Section 3 of the U.P. Official Language Act, 1951 was amended and new Section 3 was inserted by which Urdu language was declared to be second official language and also the notification dated 7.10.1989 issued by the State Government declaring the purpose for which the Urdu is to be used as second official language. The petitioners also relied upon the Government Order dated 16.3.1989 issued by the State Government by which all the Department of the State Government were directed to do the work in Urdu and also for the purpose notified in the Notification dated 7.10.1989. The reliance is also placed on the provisions of sub-section 4 of Section 3 read with Section 8 of the Official Language Act 1963 for the preposition that the Central Government has been authorized to make rules for carrying out the purpose of the Act and, therefore, Forms ought to have been made in Urdu Language also and accepted in the Government Offices.;