IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 2563 of 2009()
1. KSRTC
... Petitioner
Vs
1. T.R.PADMAKUMAR
... Respondent
For Petitioner :SHRI.JOHNSON P.JOHN, SC, KSRTC
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice A.K.BASHEER
Dated :16/11/2009
O R D E R
S.R.Bannurmath, C.J. & A.K. Basheer, J.
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W.A. No.2563 of 2009
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Dated this the 16th day of November, 2009
JUDGMENT
A.K. Basheer, J.
The Kerala State Road Transport Corporation is the
appellant. The Corporation impugns the judgment of the learned
Single Judge by which it has been directed to extend concession in
bus fares to the students studying in the Pragathi Hindi Vidyalala at
Oachira in Kollam District, with immediate effect.
2. The learned Standing Counsel for the Corporation
submits that the learned Single Judge has committed serious
illegality in directing the Corporation to give concession to the
students belonging to respondent No.1 institution overlooking
Ext.R1(h) notification issued by the Government. It is the
contention of the Corporation that respondent No.1 institution has
not been recognised by the Hindi Prachar Sabha.
3. However, learned Standing cdounsel for the Hindi
Prachar Sabha submits that respondent No.1 institution which is
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being run by a Hindi Pracharak is recognised by the Hindi Prachar
Sabha as could be seen from Ext.P1 certificate. A perusal of Ext.P1
certificate will show that the Hindi Prachar Sabha has accorded
recognition to respondent No.1 institution. It is seen stated in Ext.P1
certificate that respondent No.1 institution is conducting classes for
various examinations such as Hindi Pravesh, Hindi Bhooshan and
Sahityacharya which are considered as full time courses.
4. In this context, it may be pertinent to note that the
appellant Corporation has been giving bus-fare concession to the
students of all the 12 branches of Hindi Prachar Sabha as could be seen
from Ext.R1(c). However, the contention of the Corporation is that the
institution run by respondent No.1 Pracharak is distinct and different
from an institution that is being directly run by the Hindi Prachar
Sabha.
5. We are unable to understand the rationale behind the
above contention, especially since the Hindi Prachar Sabha has
recognised respondent No.1 institution. The examination for the
students of respondent No.1 institution is admittedly being conducted
by the Hindi Prachar Sabha and certificates to successful candidates
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are also being issued by the Hindi Prachar Sabha.
6. In that view of the matter, the learned Single Judge was
justified in issuing direction to the Corporation to extend the benefit
of travel concession in its buses to the students of respondent No.1
institution as well.
7. Since learned Standing Counsel for the Corporation
submits that certain clarifications may have to be obtained from the
Government as regards the status of the students of institutions’ like
respondent No.1 run by Hindi Pracharaks, particularly in view of
Ext.R1(h), we make it clear that it will be open to the Corporation to
approach the Government and seek appropriate clarification, if found
necessary. Therefore, this order shall remain in force only during the
academic year 2009-2010.
With the above modification/clarification in the impugned
judgment, the writ appeal is closed.
S.R.Bannurmath,
Chief Justice
A.K. Basheer,
Judge
vns