# U.P. Urdu Development Organisation and another v. Govt. of India and others

- **Citation:** (2002) 3 ILRA 668
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2002-09-10
- **Case number:** Civil Misc. Writ Petition (P.I.L.) No. 15066 of 2000
- **Bench:** S.K. Sen, C.J. R.K. Agrawal
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/u-p-urdu-development-organisation-and-another-v-govt-of-india-and-others-39944
- **Pages:** 5

## Headnote

U.P. Official language Act 1951 as
amended
by
Uttar
Pradesh
Official
(Amendment) Act 1989- Section 3 -
Notification
dated
7.10.89-
State
Government notified 7 purposes about
which urdu language be treated as
second official language nor the urdu
comes within the definition of Regional
language- No Mandamus can be issued
for
printing
of
form
money
order,
telegram form. Accounts opening form
withdrawal form and other postal forms
simultaneously in Urdu apart from Hindi
and English.

Held- Para 7 and 9

From reading of the aforesaid paragraph,
it is clear that where the Regional
language is different from Hindi, the
form should be printed in regional
language also. The petitioners have
failed to establish that the Urdu is
regional language of the State of U.P.

Constitution empowers the legislature of
the State of adopt by law any one or
more of the languages for use in the
State to be used for or any of the official
purposes of that State. It is not in
dispute that the Urdu language has been
declared as the second official language
in the State of U.P. for such purpose as
may be notified. By the notification
referred to above, which specifies only
seven purposes for which Urdu language
is to be used. Thus it cannot be said that
for all purposes Urdu language has been
declared as second official language or is
to be treated as regional language in the
State of U.P.

## Text

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668 INDIAN LAW REPORTS ALLAHABAD SERIES [2002
violative of Article 14 of the Constitution
of India and thus cannot be sustained.

9. In view of the foregoing
discussions, the Special Appeal succeeds
and is allowed. The respondent no. 1 is
directed to fix the pay scale of the
appellant writ petitioner w.e.f. 1.7.1979
within 2 months from the date of
communication of this order and pay the
entire arrears of salary which is found due
and payable within one month thereafter.

10. The judgment and order of the
learned Single Judge dated 5.1.1996 is
modified to the extent mentioned above.

However, there shall be no order as
to costs.
--------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 10.09.2002

BEFORE
THE HON'BLE S.K. SEN, C.J.
THE HON'BLE R.K. AGRAWAL, J.

Civil Misc. Writ Petition (P.I.L.) No. 15066
of 2000

U.P. Urdu Development Organization and
another

 ...Petitioners
Versus
Government
of
India
through
its
Secretary and others
 ...Respondents

Counsel for the Petitioners:
Sri M.S. Haque
Sri Ravinder Singh
Sri Parwaz Ulum (In Person)

Counsel for the Respondents:
Sri S.N. Srivastava
Sri Subodh Srivastava
S.C.

U.P. Official language Act 1951 as
amended
by
Uttar
Pradesh
Official
(Amendment) Act 1989- Section 3 -
Notification
dated
7.10.89-
State
Government notified 7 purposes about
which urdu language be treated as
second official language nor the urdu
comes within the definition of Regional
language- No Mandamus can be issued
for
printing
of
form
money
order,
telegram form. Accounts opening form
withdrawal form and other postal forms
simultaneously in Urdu apart from Hindi
and English.

Held- Para 7 and 9

From reading of the aforesaid paragraph,
it is clear that where the Regional
language is different from Hindi, the
form should be printed in regional
language also. The petitioners have
failed to establish that the Urdu is
regional language of the State of U.P.

Constitution empowers the legislature of
the State of adopt by law any one or
more of the languages for use in the
State to be used for or any of the official
purposes of that State. It is not in
dispute that the Urdu language has been
declared as the second official language
in the State of U.P. for such purpose as
may be notified. By the notification
referred to above, which specifies only
seven purposes for which Urdu language
is to be used. Thus it cannot be said that
for all purposes Urdu language has been
declared as second official language or is
to be treated as regional language in the
State of U.P.

(Delivered by Hon'ble 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:-
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3 All] U.P. Urdu Development Organisation and another V. Govt. of India and others
669
(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
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670 INDIAN LAW REPORTS ALLAHABAD SERIES [2002
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.

4. Shri Subodh Kumar learned
Standing Counsel, however submitted that
Urdu has been declared second official
language in the State of U.P. for such
purposes as may be notified by the State
Government and the State Government by
notification dated 7.10.1989 had notified
only 7 purposes for which Urdu is to be
treated as second official language in the
State. Thus, he submitted that the Urdu
has not been declared full-fledged second
official language in the State of U.P. It is
also not a regional language and,
therefore, there is no obligation upon the
respondents to print the forms in Urdu
also.

5.

After
hearing
the
rival
submissions as mentioned above, we find
that the Urdu has not been declared the
second official language in the State of
U.P. for all purposes. Section 3 of the
U.P. Official Language Act, 1951 which
was
inserted by the U.P. Official
Language
(Amendment)
Act,
1989,
provided for use of Urdu language as
second
official
language
for
such
purposes as may be notified by the State
Government from time to time. By
Notification No. 4171/XXI-89-1. 1980,
dated 7.10.1989, the Governor had
notified only the following 7 purposes for
which Urdu language shall be used as
second official language:

1.
entertaining
petitions
and
applications in Urdu and replies thereof in
Urdu,

2.
receiving documents written in Urdu
by the Registration Office.

3.
publication of important Government
Rules, Regulations and Notifications in
Urdu also.

4. issuing Government Orders and
circulars of public importance in Urdu
also.

5.
publication of important Government
advertisements in Urdu also.

6.
publication of Urdu translation also
of the Gazette.
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3 All] U.P. Urdu Development Organisation and another V. Govt. of India and others
671
7.
exhibition of important signposts in
Urdu.

6. The U.P. Official Language Act,
1951 as amended by the U.P. Official
Language (Amendment) 1989 does not
make Urdu as second official language for
all purposes in the State of U.P. By virtue
of Notification dated 7.10.1989 Urdu
language is to be used for specified
purposes only. From perusal of the
aforesaid purposes as mentioned above,
notified by the Government of U.P. for
which Urdu language is to be used, it is
clear that it does not cover forms which
are to be used by the postal authorities of
the Central Government. Thus, it is not
correct to say that Urdu has been declared
as second official language in the State of
U.P. for all purposes and the respondents
ought to print and receive the forms in
Urdu language also and further to appoint
Urdu known person for such purposes, in
their offices. So far as paragraph 2.20 (A)
of Chapter 2 of the Manual regarding the
use of official language Hindi brought out
by the Department of Official Language
Ministry of Home Affairs, Government of
India, is concerned, it only provides for
printing of Money Orders Forms and
other Forms meant for the use of public in
regional language. Paragraph 2.20 (A) is
reproduced below:

"2.20(A) Printing of Money Order
Forms and other forms meant for the
use of Public in regional languages.

(i) Where it is possible without unduly
increasing the size of the forms, such
forms should be printed in Hindi, English
and the regional language if it is different
from Hindi. In such matters the question
of extra expenditure should not be an
important consideration.
(ii) If any section in these forms are
required to be filled in within a Central
Government office or are required for
audit offices, such sections need not be
translated into regional languages and
should be printed in Hindi/English only.

(iii) Longer forms, for example, the
income tax and customs forms, should be
printed separately in Hindi-English and
the regional language. In these forms also
the exception mentioned in (ii) above
should apply."

7. From reading of the aforesaid
paragraph, it is clear that where the
Regional language is different from
Hindi, the forms should be printed in
regional language also. The petitioners
have failed to establish that the Urdu is
regional language of the State of U.P..

8. The petitioners also referred to the
provision of Article 345 and 347 of the
Constitution of India and submitted that
Urdu should be deemed to be the regional
language in the State of U.P. and it has
been declared second official language in
the State of U.P.

9. The submission is misconceived
in as much as Article 345 of the
Constitution empowers the legislature of
the State to adopt by law any one or more
of the languages for use in the State to be
used for or any of the official purposes of
that State. It is not in dispute that the Urdu
language has been declared as the second
official language in the State of U.P. for
such purpose as may be notified. By the
notification referred to above, which
specifies only seven purposes for which
Urdu language is to be used. Thus, it
cannot be said that for all purposes Urdu
language is to be used. Thus, it cannot be
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672 INDIAN LAW REPORTS ALLAHABAD SERIES [2002
said that for all purposes Urdu language
has been declared as second official
language or is to be treated as regional
language in the State of U.P.

10. The reliance placed by the
petitioners on the money order form
published in regional language viz in
Gujrat (Gujrati), Maharashtra (Marathi),
Andhra
Pradesh
(Telgu),
Tamilnadu
(Tamil), Kerala (Malyalam) West Bengal
(Bengali)
and
in
Punjab
(Gurmukh/Punjabi) is of no assistance to
the petitioners as in these States the
languages mentioned in the bracket are
the regional languages of the respective
States whereas in the State of U.P. Urdu
has not been declared or treated as a
regional language at all.

11. The reference made to subsection 4 of Section 3 read with Rule 8 of
the Official Languages Act 1963 is also
misplaced. Sub-section 4 of Section 3 of
the Official Language Act, 1963 reads as
follows:

"(4) Without prejudice to the provisions
of sub-section (1) or sub-section (2) or
sub-section (3) the Central Government,
may, by rules made under section 8,
provide for the language/ languages to be
used for the official purpose of the Union
including the working of any Ministry,
Department. Section or Office and in
making such rules, due consideration shall
be given to the quick and efficient
disposal of the official business and the
interests of the general public and in
particular, the rules so made shall ensure
that person serving in connection with the
affairs
of
the
Union
and
having
proficiency either in Hindi or in the
English language may function effectively
and that they are not placed at a
disadvantage on the ground that they are
not placed at a disadvantage on the
ground that they do not have proficiency
in both the language."

12. Section 8 empowers the Central
Govt. to make rules for carrying out
purposes of the Act. From the conjoint
reading of subsection 4 of Section 3 of the
Official Languages Act 1963 and Section
8, it does not follow that the Central
Government is under obligation under law
to direct the printing and receiving of
forms and carry out the work in Urdu in
its offices in the State of U.P.

In view of the foregoing discussions,
we do not find any merit in this petition
and it is dismissed.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD AUGUST 21, 2002

BEFORE
THE HON'BLE S.K. SEN, C.J.
THE HON'BLE ASHOK BHUSHAN, J.

Civil Misc. Writ Petition No. 1970 of 2002

Sarva Krishna Ajay Kumar Agrawal

...Petitioner
Versus
State of U.P. and another ...Respondents

Counsel for the Petitioner:
Sri Arun Tandon

Counsel for the Respondent:
Sri Chandra Shekhar Singh
S.C.

Uttar
Pradesh
Sheera
Niyantran
Adhiniyam, 1964- Scope and meaning of
Section 7-A- the first part of the
sentence i.e. who requires molasses for
his distillery' is very clear and admit no
doubt that only that person can apply