Kerala High Court
V.Jose vs The Principal Secretary on 30 September, 2021
WP(C) No.19292/2021 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Thursday, the 30th day of September 2021 / 8th Aswina, 1943
WP(C) NO. 19292 OF 2021(J)
PETITIONERS:
1. V.JOSE, PRESIDENT, HINDI ADHYAPAK MANCH (HAM), KERALA HINDI PRACHAR
SABHA, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014, RESIDING AT PUSHPA,
ATTOORKONAM, PEYAD P.O., THIRUVANANTHAPURAM-695 553.
2. SIHAB VEDAVYASA (ALIAS SHIHABUDHIN.V.M), GENERAL SECRETARY, HINDI
ADHYAPAK MANCH (HAM), KERALA HINDI PRACHAR SABHA, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695 014, RESIDING AT ROSHAN VILLA, ATHANIKKAL,
KAKKOOR, RAMANATTUKARA (VIA), MALAPPURAM-673 632.
RESPONDENTS:
1. THE PRINCIPAL SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF
KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695 014.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to the petitioners Association by name 'Hindi Adhyapak Manch' may
be granted temporary recognition under rule 51, chapter 45, XIV(C),KER as
had been done in the case of another Association by Exhibit P13 order,
pending final disposal of the above writ petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.GEORGE JACOB (JOSE), Advocate for the petitioners and of GOVERNMENT
PLEADER for respondents, the court passed the following:-
P.T.O.
WP(C) No.19292/2021 2/5
RAJA VIJAYARAGHAVAN V, J.
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W.P.(C) No.19292 of 2021
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Dated this the 30th day of September, 2021
ORDER
Heard Sri.George Jacob, the learned counsel appearing for the
petitioner and the learned Government Pleader.
2. Relying on Ext.P1, the petitioners contend that out of 11,000 Hindi
teachers working in the Upper Primary, High Schools and Higher Secondary
Schools in the Government and Aided Sectors in Kerala State, about 5416
teachers constituting over 49%, have taken membership in the petitioner
association. It is urged that there are no recognised union or association of
Hindi teachers functioning in the State to espouse the cause of Hindi language
teachers. They point out that teachers of other languages like Sanskrit, Arabic,
Urdu have their own associations which have been recognised by the State
Government and those teachers are being heard by the Government while
taking decisions which affect such teachers.
3. The petitioners contend that this Court by judgment dated
26.03.2010 in W.P.(C) No.1688/2010 had ordered the 1st respondent to take up
and complete the process of completing a referendum for determining
membership of teachers in association of teachers for recognising teachers'
WP(C) No.19292/2021 3/5
association under Rule 51 of Chapter XIV-C of the KER. A time frame of six
months was fixed for the conduct of the referendum. It was further ordered
that till the referendum is completed and recognition is granted as per Rule 51
of Chapter XIV-C of KER, the petitioner in the said writ petition be permitted to
participate in the meeting between the Government and Teachers Association
in respect of the matters relating to teachers. According to the petitioners, the
undertaking given by the Government had not been ordered till date and no
referendum has been conducted. Without doing that the respondents are now
proposing to convene a meeting of all the recognised associations for holding
discussions and deliberations concerning quality improvement programmes as
well as curriculum of studies in various subjects. The leaving out of the
petitioners in such meetings would be prejudicial to the interest of the Hindi
teachers is the contention vehemently advanced by the learned counsel.
4. The learned Government Pleader was directed to get instructions
as to whether the directions in Ext.P5 judgment of this Court has been
complied with and whether the 1st respondent have taken up and completed
the process of referendum for determining the membership of the teachers in
the association of the teachers. It is fairly submitted by the learned
Government Pleader that the referendum has not been conducted as
undertaken before this Court.
In that view of the matter, as an interim measure, it is ordered that till
WP(C) No.19292/2021 4/5
the referendum which is ordered by this Court is completed and recognition is
granted as per Rule 51 of Chapter XIV-C of the KER, the petitioners association
shall also be allowed to participate in the meetings between the Government
and Teachers Association in respect of matters related to teachers.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
sru
30-09-2021 /True Copy/ Assistant Registrar
WP(C) No.19292/2021 5/5
APPENDIX OF WP(C) 19292/2021
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE MEMBERSHIP
REGISTER OF THE ASSOCIATION
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 26.10.2010 OF THIS
HON'BLE COURT IN
WPC NO.1688 OF 2010
Exhibit P13 TRUE COPY OF G.O(MS) NO.147/13 DATED 25/4/2013 OF THE
1ST RESPONDENT GRANTING RECOGNITION TO A SIMILARLY
SITUATED ASSOCIATION LIKE THE PETITIONERS
