IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 WA.No. 2563 of 2009 ----------------------------------- AGAINST THE JUDGEMENT IN WPC.14270/2008 DATED 7.8.2009 .................... APPELLANT/1ST RESPONDENT: --------------------------------------------- KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. BY ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC RESPONDENTS/PETITIONER & RESPONDENTS 2 TO 5: ----------------------------------------------------------------------------- 1.T.R.PADMAKUMAR, (PRACHARAK NO.3786) PRINCIPAL, PRAGATHI HINDI VIDYALAYA, PADMALAYAM, OACHIRA, KOLLAM DISTRICT. 2.STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 3.UNION OF INDIA, REP. BY SECRETARY, MINISTRY OF HUMAN RESOURCES DEVELOPMENT, NEW DELHI. 4. KERALA HINDI PRACHARA SABHA THIRUVANANTHAPURAM REPRESENTED BY ITS CHAIRMAN. 5. BINI.R., AGED 20, D/O.VASUDEVAN NAIR, RESIDING AT BINDHU BHAVANAM, PALACE WARD, KRISHNAPURAM, KAYAMKULAM, ALAPPUZHA DISTRICT. R1 BY ADV. SRI.R.RAJASEKHARAN PILLAI R3 BY ASST. SOLICITOR GENERAL SRI.TPM IBRAHIM KHAN R4 BY ADV.SRI.J.HARIKUMAR SRI.HARIKUMAR.S. FOR R4 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A. No.2563 of 2009 ------------------------------------------ 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 W.A.No.2563 of 2009 - 2 - 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 W.A.No.2563 of 2009 - 3 - 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