ASOM RASTRABHASA PRACHAR SAMITI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS Writ Petition was filed challenging the action taken by the respondent, the State Government of Assam under the Asom Rashtrabhasha Prachar Samiti (Taking Over Management and Control) Act 1984 (Assam Act No. XXIII of 1984) which was an Act enacted by the Legislative Assembly of Assam and received the assent by the Governor of Assam and published in the Assam Gazette Extraordinary dated 15-12-84. It also challenged the orders contained in Notification Nos. EPG 57/84/25/A, EPG 57/84 /30-A and EPG 57/84/51-A dated 1-10-84, 10-11-84 and 19-3-85 respectively issued by the Education (Personnel) Department of the Government of Assam.

(2.) ACCORDING to the petitioner in 1929 Lahore Congress under the leadership of Mahatma Gandhi adopted a resolution for the spread of Hindi as the common language for the whole of India with a view to promote national intergrity and in pursuance of this resolution institutions for the spread and prachar of Hindi in the non-Hindi areas were established. First of this kind was established in Madras City in the name of Dakshin Bharat Hindi Prachar Samiti, then in Wardha, for the development and spread of Hindi in the rest of India. Late Baba Raghab Das a devoted disciple of Gandhiji undertook the task of spreading Hindi in the North Eastern part of India and in 1934 eminent local leaders of this region, Late Tarun Ram Phukan, Late Nabin Chandra Bardaloi, Late Gopinath Bardaloi, Late Krishna Nath Sarma and others joined Baba Raghab Das and the first institution named Asom Hindi Prachar Samiti was formed on 3-11-38 at Gauhati with late Gopinath Bardaloi the first Chief Minister of Assam under the 1935 Act as its President. In 1948 Asom Hindi Prachar Samiti was renamed as Assam Rashtrabhasha Prachar Samiti with its head office at Gauhati.

(3.) ACCORDING to the Bidhan of the Samiti the management and administration of the Samiti is run by elected bodies namely Byabasthapika Sabha (meaning the General Council) and the karyapalika (meaning the, Executive Committee), the term of each body is 5 years from the date of holding of their first meeting. ACCORDINGly the term of the Byabasthapika Sabha was to expire on 9-8-87 (five years from the date of holding the first meeting which was held on 10-8-82) and the term of Karyapalika was to expire on 18-8-87 (five years from the date of the first meeting which was 19-8-82).