IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 WP(C).No. 14270 of 2008(W) --------------------------------------- PETITIONER: ------------------- T.R.PADMAKUMAR, (PRACHARAK NO.3786) PRINCIPAL PRAGATHI HINDI VIDYALAYA, PADMALAYAM, OACHIRA, KOLLAM DISTRICT. BY ADVS. MR.R.RAJASEKHARAN PILLAI, SMT.SABINA JAYAN. RESPONDENTS: ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 2. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 3. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HUMAN RESOURCES DEVELOPMENT, NEW DELHI. 4. THE KERALA HINDI PRACHARA SABHA, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN. W.P.(C). NO.14270/2008-W: *ADDL.R5 IMPLEADED: 5. BINI.R, AGED 20, D/O. VASUDEVAN NAIR, RESIDING AT BINDHU BHAVANAM, PALACE WARD, KRISHNAPURAM, KAYAMKULAM, ALAPPUZHA DISTRICT. *ADDITIONAL R5 IMPLEADED VIDE ORDER DATED 23/07/08 IN I.A. NO. 9545/08. R1 BY MR.JOHNSON P.JOHN, SC, KSRTC, R3 BY MR.P.PARAMESWARAN NAIR,ASST.S.G., R4 BY ADV.MR.J.HARIKUMAR, ADDL.R5 BY ADV. SMT. SABINA JAYAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/08/2009 ALONG WITH W.P.(C). NO. 22963 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.14270/2008-W: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE DTD. 08/12/1995 FROM THE R.4. EXT.P.2: COPY OF THE CERTIFICATE DTD. 08/04/2007 ISSUED BY THE R.4. EXT.P.3: COPY OF THE PROSPECTUS OF THE PETITIONER'S INSTITUTION. EXT.P.4: COPY OF THE EXAMINATION REGULATIONS ISSUED BY THE R.4. EXT.P.4.A: COPY OF THE MEMORANDUM DTD. 24/02/2002 FROM THE R.1. EXT.P.5: COPY OF THE LETTER DTD. 30/10/2007 FROM THE R.1. TO THE PETITIONER. EXT.P.6: COPY OF THE CONCESSION CARD ISSUED TO ONE OF THE STUDENTS OF THE PETITIONER'S INSTITUTION BY THE R.1. EXT.P.7: COPY OF THE CERTIFICATE DTD. 25/03/2008. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE PROCEEDINGS DT. 02/07/07. EXT.R1.B: COPY OF THE LETTER DT. 19/07/07 OF THE SECRETARY, KERALA HINDI PRACHAR SABHA. EXT.R1.C: COPY OF THE LIST OF RECOGNIZED BRANCHES OF KERALA HINDI PRACHAR SABHA. EXT.R1.D: COPY OF THE LETTER DT. 01/08/07. EXT.R1.E: COPY OF THE LETTER DT. 03/10/07. EXT.R1.F: COPY OF THE MEMORANDUM DT. 09/10/07. EXT.R1.G: COPY OF THE LETTER DT. 10/12/07. EXT.R1.H: COPY OF THE G.O.(P) DT. 24/11/05. EXT.R5.A: COPY OF THE LIST OF STUDENTS IN THE PETITIONER'S INSTITUTION. //TRUE COPY// P.S. TO JUDGE. Prv. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) Nos. 14270 & 22963 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 7th August, 2009. J U D G M E N T The petitioner in W.P(C) No. 14270/2008 is a person who conducts an institution by name Pragathi Hindi Vidyalaya, which, according to the petitioner, is an institution recognised by the Kerala Hindi Prachar Sabha and are offering courses for undergoing examinations conducted by the Kerala Hindi Prachara Sabha for award of certificates by Kerala Hindi Prachara Sabha. W.P(C) No. 22963/2008 is filed by a student of the said institution. Both are aggrieved by the refusal on the part of the Kerala State Road Transport Corporation to extend the facilities of student concession to the students who are studying in the institution, for travelling in Kerala State Road Transport Corporation buses. According to the petitioners, the students of the institute are full-time students undergoing various courses recognised by the Kerala Hindi Prachar Sabha for certificates issued by the Sabha. They would submit that the Kerala State Road Transport Corporation is extending students concession facilities to students of institutes run by the Kerala Hindi Prachar Sabha conducting the very same courses. That being so, the refusal of concession to the students of the above institute is discriminatory and violative of the fundamental rights of the students of that institutes, is the contention of the petitioners. The petitioners therefore seek the following reliefs: “I. Issue a writ of certiorari or other appropriate writ, order or direction quashing Ext. P.5 as arbitrary, illegal, unreasonable and unconstitutional. II. Issue a writ of mandamus or other appropriate writ, order or direction directing the 1st respondent and its officers to extend the benefit of student concession to the students of the petitioner.” W.P.C. Nos.14270 & 22963/08. -: 2 :- 2. Counter affidavits and additional counter affidavits have been filed by the Kerala State Road Transport Corporation. While admitting that they are giving student concession facilities to 12 institutes which are recognised branches of the Kerala Hindi Prachar Sabha, they would submit that since Kerala Hindi Prachar Sabha themselves have, by Ext. R1(c) informed the Corporation that apart from the 12 institutions mentioned therein, there are no other branches of the Sabha, in view of Ext. R1(b), students of no other institute than those 12 institutions mentioned in Ext. R1(c) can claim student concession facility. They would also take a contention that the particular institute is not recognised by the Kerala Hindi Prachar Sabha. 3. I have considered the rival contentions in detail. 4. Student concession facilities are extended by the Kerala State Road Transport Corporation to students as per Government Order dated 24-11-2005, which is produced by the Corporation as Ext. R1(b). The clause relevant for our purpose is clause (G), which reads thus: “G. Students Concession Full time regular students, not engaged in any other calling or profession studying in any recognized educational institution for a recognized course and full time students not engaged in any other calling or profession studying privately in any institution and who have registered their names in any of the Universities in Kerala as a student for a particular course or private study admitted by a University in Kerala, travelling in a stage carriage for a distance not exceeding 40 Kilometers for a single journey for the purpose of attending classes, from residence to institution shall be eligible for concession in City/Town and Ordinary Mofusil Services at the rate of 75% of the fare fixed as per Notification No. G.O.(P) No. 24/2001/Transport dated 28th September, 2001. The amount shall be rounded off to the lower multiple of 10 paise for each journey for the purpose of computation: W.P.C. Nos.14270 & 22963/08. -: 3 :- Provided that the minimum fare for a concession ticket for a single journey shall be 50 paise: Provided further that the students shall produce Identity Cards in the form prescribed by the Government as per G.O.(Rt) No. 1324/90/PW&T dated the 18th September, 1990, for claiming the concessions: Provided also that the concession ticket shall be issued for ten months in academic years from the month of commencement of the course.” It is not clarified as to what is meant by the term 'recognized'. The Corporation would contend that recognized means recognized by the Government of Kerala, Director of Technical Education or a University in Kerala. But, at the same time, they do not dispute that they are extending the student concession facilities to students studying in branches of Kerala Hindi Prachar Sabha. In fact, they themselves have stated so in Ext. R1(a) letter dated 2-7-2007 to the Secretary, Kerala Hindi Prachar Sabha, Trivandrum. By Ext. P1 certificate produced by the petitioners from the Kerala Hindi Prachar Sabha, the Kerala Hindi Prachar Sabha has certified that the petitioner's institution is recognised by the Kerala Hindi Prachar Sabha and that the institution is conducting classes for various examinations such as Hindi Pravesh, Hindi Bhooshan and Sahityacharya, which are considered as full-time classes. It is also stated therein that the students of these courses are not given any stipend. The institutions run by the Kerala Hindi Prachar Sabha directly and the institutions like the petitioner's institutions are preparing the students for the same courses, same examinations and same certificates. That being so, I am of opinion that the Kerala State Road Transport Corporation cannot discriminate between the students of direct branches of Hindi Prachar Sabha and franchisees of Hindi Prachar Sabha like the petitioner. That being so, the students studying in the petitioner's W.P.C. Nos.14270 & 22963/08. -: 4 :- institution are also entitled to the equal treatment like the students of branches of Hindi PracharSabha in the matter of student concession. Accordingly, I direct the Kerala State Road Transport Corporation to extend student concession facilities to the students studying in the Pragathi Hindi Vidyalaya, Padmalayam conducted by the petitioner in W.P(C) No. 14270/2008 with immediate effect. The writ petitions are allowed as above. Sd/- S. Siri Jagan, Judge. Tds/