People'S Union For Civil ... vs University Of Delhi And Ors.
2008 Latest Caselaw 691 Del

JUDGMENT

T.S. Thakur, J.

1. This petition has been filed in public interest. It prays for a mandamus directing the respondents to make 'necessary and adequate' arrangements for imparting instructions and giving lectures in Hindi to the Hindi medium students and also to make available courseware in Hindi language in all the subjects and classes where University curriculum permits instruction in Hindi medium and to provide all such other necessary and incidental facilities to the students opting for Hindi medium as are necessary for their studies.

2. The petitioner's case as set out in the petition is that the respondents are discriminating in the matter of imparting education to the students opting for Hindi medium vis-a-vis their counterparts who have opted for English medium of instructions. It is alleged that neither the lectures are being delivered to the Hindi medium students in Hindi nor is the course material available to them for study in Hindi. This attitude of the respondents is, according to the petitioner, violative of Article 14 of the Constitution of India discriminatory qua students studying in Hindi medium and is affecting their future prospects and avenues of employment inasmuch as while students who have opted for English medium instructions are being provided the best facilities for such instructions, those who have opted for Hindi medium suffer on account of neglect and apathy of the respondents. It is also alleged that the Directorate constituted to promote implementation of Hindi medium in the Delhi University has failed to perform its duties and obligations. It is not providing books in Hindi for the benefit of the students and teachers who have opted for Hindi medium and is thereby defeating the very object behind its establishment. It is also alleged that non-availability of books in Hindi to students opting for Hindi medium and lack of arrangements for imparting instructions and giving lectures in Hindi medium despite there being an option available to the students to study in Hindi medium is also violative of the rights of the students to education apart from being violative of the fundamental right guaranteed to them under Article 19(1)(g) to practice any profession or to carry on any occupation, trade or business. The alleged neglect of the respondents is also said to be in violation of the spirit of Articles 343 and 351 of the Constitution of India.

3. The respondents have appeared to contest the petition. In the counter affidavit filed on behalf of the respondent-University of Delhi, it is stated that the University has been set up under the Delhi University Act, 1922, inter alia, to provide instructions in such branches of learning as the University may think fit and hold examinations and grant/confer degrees and other academic distinctions. The counter goes on to state that English has been the medium of instruction as well as for examinations offered by the university but on the request of students, they have been allowed to take the examinations in Hindi language. Reference has been made by the University in this regard to Resolution No. 82 dated 2nd September, 1954 whereby students appearing for qualifying, admission and BA (Pass) examinations were allowed to answer their papers in the Hindi medium in all subjects comprised in the Faculty of Arts. Reference is also made to Resolutions No. 458 and 459 whereby a request made by students of MA (Previous) Class had been accepted and they were allowed to answer their questions in the examination in Hindi medium and a request made by the Principal, Women College, Timarpur, was accepted and permission granted to the first year students of BA (Hons.) course class of that college to answer questions papers in the examination in Hindi medium.

4. The affidavit further states that in view of the growing number of students who wish to have Hindi as their medium of instruction, the University has allowed Hindi as a medium of instruction in various subjects. The affidavit names eight different colleges affiliated to the University in which different subjects mentioned against each of those institutions are being taught in Hindi medium. It also states that in other colleges since the number of students is not large enough to justify a separate section, teachers are teaching in English but assisting students by offering explanations and discussions in Hindi. The affidavit goes on to say that syllabus for each one of the subjects is decided by the University and the books prescribed for the same. The said books, cannot be, however, translated in Hindi without the consent of the holder of copyrights of those books. All the same, the University has set up a Directorate of Implementation of Hindi medium which has published over two hundred books covering different disciplines on social science including number of text books on various subjects which have been brought out in seminars and papers presented in the same. The affidavit states that the University is not engaged in the business of preparation and publication of text books and reading material and such of the students as have opted for English medium of instructions arrange their books from the market and libraries. Those who have opted for Hindi medium also are similarly required to acquire the books and reading material from the market. The allegation that there is discrimination between students opting for English and Hindi medium of instructions has been denied. Additional affidavit filed by the University on 8th December, 2005 states that the Directorate is publishing four categories of books, namely,

i) Manuscripts written in Hindi

ii) Manuscripts translated from English to Hindi

iii) Translation of published books of eminent scholars.

iv) Manuscripts were prepared by organizing seminars with the help of the Department concerned.

5. The affidavit also denies the allegation made by the petitioner that no books are available in Hindi for BA (Hons.) History, BA (Hons.) Political Science and BA (Hons.) Economics. It gives the list of books available in Hindi on those subjects.

6. A counter affidavit has also been filed by respondent No. 3-University Grants Commission. The affidavit refers to Section 12 of the University Grants Commission Act which enumerates the duties and function of the Commission. The affidavit states that it is the domain of the University concerned to provide for books and reading material in Hindi and that as and when any proposal is received by the Commission from the University of Delhi in regard to provision of reading material and books in Hindi, the same shall be considered by the Commission.

7. In a second affidavit filed on its behalf, the Commission has explained that the Director of Hindi Implementation, University of Delhi, is receiving separate grant from the Ministry of Human Resource Development for the publication of books which includes printing, binding, composing etc.

8. Counter affidavit has also been filed on behalf of the respondent-UOI in which it is, inter alia, stated that the Central Government has no role to play in the academic affairs of the University and that the Government endeavors to ensure that all institutions of higher learning and professional education retain their autonomy. It also refers to an order dated 26th October, 2005 pursuant to which the Government had advised the University Grants Commission to constitute a committee of experts to study the functioning of the Directorate of Implementation of Hindi medium in University and suggest ways to strengthen it in order to facilitate the access of students to quality text books and other literature. It refers to the report submitted by the Committee and the subjects recommended in the same for better working of the Directorate and for a quicker and more efficient achievement of the object underlying its establishment. The report submitted by the Committee has been forwarded to the University of Delhi for taking immediate necessary action and the University Grants Commission for examination of the recommendations.

9. We have heard learned Counsel for the parties and perused the record. There are two distinct facets of the controversy raised in this writ petition, one relating to the introduction of Hindi medium of instructions for different courses and the other relating to the infrastructure including literature needed for imparting such instructions. From the affidavits placed on record by the respondent-University, two aspects are clear, namely, (i) that the University has allowed students to answer questions in Hindi medium whenever a request to that effect has been made to it. This means that even when the medium of instructions in the University or in the colleges affiliated to it may be English, wherever the students have felt more comfortable answering the questions in the examination in Hindi medium, they have at their request been permitted to do so. It cannot, therefore, be said that the University has opposed even tacitly the promotion or spread of Hindi as a language or its development to serve as a medium of expression as envisaged by Article 351 of the Constitution of India.

10. The second aspect emerging from the affidavits filed by the University is that it has permitted Hindi as a medium of instruction in different colleges affiliated to the University and in different subjects as and when a request to that effect has been made by the college concerned. The colleges in turn make a request only when a sufficient number of students opt for Hindi as the medium in any subject or section so as to make a Hindi medium section viable. Mr. Prashant Bhushan, Counsel for the petitioner, however, argued that there are no guidelines formulated either by the University of Delhi or by the University Grants Commission as to what number of students should be treated to be a viable unit for starting a Hindi medium section for any course or subject in an institution. He argued that failure on the part of the University Grants Commission and the University of Delhi to formulate norms in this regard leaves it to the sweet will of the affiliated institutions to decide in their discretion whether or not to make a request for imparting instructions in Hindi medium for any class or subject. The proper course, according to Mr. Bhushan, is for the University to stipulate a transparent method by which the admission forms received by the colleges from the students indicate the medium of instruction chosen by the student and the number of students that would constitute a viable unit for the college to start a Hindi medium class or section. There is, in our opinion, merit in that contention. Since start of a Hindi medium section for any subject or class would largely depend upon the number of students opting for such medium, the University may not be in a position to compel colleges affiliated to it to start instructions in Hindi in every subject or for every class or course. Financial constraints and the constraints of finding qualified staff to teach the students may also prevent the colleges from offering instructions in Hindi medium in every course or subject that they offer to the students. Even so, this is an area in which uncertainty would work to the disadvantage of students who opt for Hindi medium. The number of students which would constitute a viable section for any course or subject needs to be determined by the University so that once the prescribed number of students opt for Hindi medium, the college may have to apply to the University for promotion to impart instructions in that medium. This would also incidentally require the University and colleges to demand that the students should indicate the medium of instructions for which they opt. There is no gainsaying that unless that is done, neither the college nor the University would know as to who had applied for what medium of instruction. If both the above aspects are taken care of, any student who opts for Hindi medium should have no difficulty in taking instructions in that medium subject to other imponderables like the number of students who opted for that medium making a viable section to be taught in Hindi medium.

11. That brings us to the question of availability of standard books for different subjects and classes in Hindi medium. One of the major grievances which the petitioner has made in these proceedings is about the lack of standard books for students opting for Hindi medium of instructions. According to the respondent-University, it takes no responsibility for publishing books regardless of the medium of instructions chosen by the students. It simply prescribes certain standard books available in the market. If the standard book does not have a Hindi version, the University cannot coerce the author to permit a translation for the author may claim a copyright over the contents of the book. All told, the version of the University is that it is neither concerned with the publication of the books nor making a provision for reading material for the students regardless of the medium of instructions they have chosen. Books are in the market, according to the University, from where the students arrange the same with the University having a limited role of prescribing the standard ones out of the same for study. This version does not appear to be a correct understanding of the role and functions of the University. It is true that the University may not be publishing its own books but its role in the matter of regulating and imparting of education is so plenary, and all embracing that it cannot absolve itself of the obligation to ensure that there are proper books and reading material in the medium of instructions chosen by the students and permitted by the University.

12. This position was clarified by an interim order dated 26th October, 2005 passed by this Court in the present writ petition. The court had observed:

In the absence of books in Hindi for students who are having their examination in Hindi, it is very difficult for them to get proper understanding of the subject in which they want to pursue their studies. Our attention has been drawn to the fact that on 1.4.1978 Directorate of Implementation of Hindi Medium in Delhi University started functioning as one of the Departments of the University. The objective and functioning of this Directorate were to collect, edit, publish standards books for students opting Hindi as medium. The other function was to get Hindi translation of all those standard books and researches, journals, which would be recommended by the syllabus committee of the University from time to time and to arrange for the division and distribution of the material. Other function was to edit, publish reference books for Hindi medium students on various subjects. Another object was to initiate publication of standard classical books. Irrespective of the fact as to who is funding the Directorate of Implementation of Hindi Medium, whether it is UGC or Union of India, University of Delhi to file an affidavit as to how much funds have been received from 1978 by the University of Delhi and Directorate of Implementation of Hindi Medium for the purposes of the object for which the Directorate was established. It has to be borne in mind that Hindi is the national language. If the reading material is not available in Hindi, it is the bounden duty of the University of Delhi to provide reading material in the form of standard books, either by having it written from eminent scholars or by having the books translated from English to Hindi. They cannot escape from their responsibility of providing Hindi books.

13. Pursuant to the said order the Ministry of Human Resource Development appears to have advised the respondent/UGC to constitute a Committee to start the functioning of the Directorate of Hindi Medium Implementation of University of Delhi and to suggest ways to strengthen the said Directorate in order to facilitate the access to quality books and other literature in various subjects of Social Sciences in Hindi Medium. The UGC accordingly constituted a Five member Committee headed by Professor G. Gopinathan of Mahatma Gandhi Antrrashtriya Hindi Vishwavidyalaya. The Committee examined the objects underlying the establishment of the Directorate of Hindi Medium Implementation, its functions and the difficulties faced in the discharge thereof. It also noted the staff infrastructure available to the Directorate and the financial support received by it and made extensive recommendations not only in regard to the building provided to the Directorate, the publication of text books and the sales promotion but also the staff needed for carrying out those functions. Other recommendations such as publication of a bulletin, outlining the activities of the Directorate, the publicity of the activities undertaken by the Directorate, the projects undertaken by the Directorate issue of handouts, specifying the projects undertaken by the Directorate were also made. The observations made by the Committee in regard to the existing infrastructure and financial support system indicate that all was not well with the working of the Directorate which suffered not only because of lack of direction and infrastructural facilities but also on account of official apathy towards the achievement of the purpose for which the Directorate was established. In particular, the recommendation made by the Committee relating to publication of textbooks by the Directorate clearly supported the publication of basic textbooks in emerging areas by either asking the scholars to write original text books in Hindi or to translate the books from English and other Indian foreign languages. The relevant portion of the recommendation, in this regard, was as under:

(ii) Publication of text Books

The Directorate should bring out basic text books in the emerging areas by either asking the scholars to write original text books in Hindi or to translate the books from English and other Indian and foreign languages. The quality of translation should be maintained by a strict process of vetting, evaluation and editing of translated materials. A panel of qualified translators should be maintained by the Directorate and the selection of the Translator should be made by an expert committee. The production of new text books materials in Hindi by organizing seminars and workshops in the new areas is also found to be very useful.

14. The above report and the recommendations were noticed by this Court in its order dated 30th November, 2005. Since, however, the report did not specify the time frame within which the text books on basic subjects would be published, the Court directed the Ministry of HRD to state on affidavit as to what steps have been taken in that regard. Further directions in this regard were issued by this Court on 9th May, 2006 including a direction to the Directorate of Hindi Medium Implementation to associate other heads of the Department with a view of promoting translation of books from English to Hindi or writing original books in Hindi as the standard books in Hindi are not available. Certain incidental and further directions were also issued to the respondents on 25th January, 2007 including a direction to state on affidavit as to how many colleges and for how many subjects Hindi Medium option was available to the students and also how many teachers are qualified to teach the courses in Hindi Medium in accordance with the UGC directions. Suffice it to say that the information demanded has been trickling in from time to time. The position has been summed up finally in the affidavit of Dr. A.K. Dubey, Registrar, University of Delhi filed on 7th March, 2007 which places on record not only the action taken by the University pursuant to the orders of the Court but also information received from colleges and Heads of the Department in regard to the promotion of Hindi and implementation of Hindi medium programme and the number of students and teachers in Hindi medium. It also encloses the study material in various subjects provided by School of Open Learning in Hindi. The documents enclosed with affidavit include list of new books published from August, 1999 to January, 2007, revised edition of the already published books and books in the process of revision, list of books available in Hindi along with its English translation, list of reprint of books in Hindi, status of new proposals of Directorate of Hindi Medium Implementation and publication list issued by the said directorate. Action taken report as per the order of this Court dated 9th May, 2006 has also been placed on record. From a perusal of the material placed on record with the affidavit it appears that the UGC, University of Delhi and the Directorate of Implementation of Hindi Medium have been stirred out of their inertia and have started acting in the desired direction. What now needs to be done, is to keep that process on to ensure that the Government, UGC, University of Delhi and the Directorate pool in their resources and efforts to take all such steps as are necessary for the promotion of Hindi as a medium of instructions and for publishing or promoting the publication of the necessary text books required for all such courses to ensure that such books are available in Hindi medium. The pendency of these proceedings, no doubt, acts as a catalyst for the purpose of sensitizing the authorities and for goading them to take action wherever necessary but constant judicial monitoring ad infinitum may be neither necessary nor otherwise possible. Since the proceedings have been instituted in public interest, all that needs to be done is to impress upon the authorities the need for discharge of their obligations and to issue directions to them to take such action as is necessary to prevent the mischief pointed out by the petitioner. That purpose can be achieved even when these proceedings are disposed of finally with suitable directions to the University of Delhi and the Directorate of Hindi Medium Implementation to take necessary steps and to review the progress made every six months. The Vice Chancellor of the University can in that regard constitute a Committee with himself as its Convenor, Registrar, University of Delhi and Head of the Directorate of Hindi Medium Implementation as Members to oversee the various projects that are taken up by the Directorate and to monitor the implementation of the objects for which the Directorate has been established. The Committee may also take all such steps as are necessary to implement the reports submitted by the UGC Committee including seeking financial support from UGC or the Government of India in which event the UGC and the Government of India shall provide the necessary support to them.

15. In the result this petition is disposed of with the following directions:

i) The University of Delhi shall issue suitable instructions to the colleges affiliated to it to maintain the record of the number of students who opt for admission to different courses in such colleges in "Hindi medium of instructions".

ii) It shall also stipulate the minimum number of students required for the college to make the courses available to the students seeking Hindi as a medium of instructions.

iii) the University shall, on receipt of any request from an affiliated college, consider granting permission to impart instructions in Hindi medium and pass appropriate orders on the subject expeditiously.

iv) The Vice Chancellor of the University of Delhi shall constitute a Committee with himself as the Convenor, Registrar, Delhi University and the Head of the Directorate of Hindi Medium Implementation as Members to oversee and monitor the working of the Directorate and the fulfillling of the objects for which the same has been established. The Vice Chancellor shall be free to co- opt as many members in the Committee as he may consider fit and proper.

v) The Committee, in terms of (iv) above, shall also monitor the implementation of the recommendation made by the UGC Committee headed by Professor G. Gopinathan.

vi) The UGC and the Government of India shall wherever required provide the necessary financial and other support to the University of Delhi and to the Directorate of Hindi Medium Implementation for a satisfactory discharge of the functions assigned to it.

vii) Without prejudice to the generality of the Directions given above, the Directorate of Hindi Medium Implementation and University shall take steps for publishing or promoting publication of standard books in different courses for the benefit of students opting for Hindi medium of instructions.

16. No costs.