Sanover v. State Of U.p. And 3 Others

Sanover v. State Of U.p. And 3 Others

(High Court Of Judicature At Allahabad)

WRIT - A No. - 8564 of 2021 | 28-07-2021

Hon'ble Ashwani Kumar Mishra,J.

1. Submission is that petitioner has been working without any complaint as Urdu teacher and merely because muslim population is below 20% cannot be a ground to discontinue petitioner's engagement.

2. Prima-facie this Court is of the view that any particular language cannot be connected with any specific religion and Urdu as a language can be taught even in areas where there are few muslims. In a secular State it would prima facie not be open to frame such policy and to discontinue a Urdu teacher only because muslim population is less.

3. Learned Standing Counsel as well as Sri Amit Shukla, learned counsel for the respondent shall obtain instructions in the matter. The Additional Chief Secretary of the Department of Basic Education shall place on record the policy of the State in light of the above observations.

4. Post as fresh, once again, on 16.7.2021.

Advocate List
Bench
  • HON'BLE JUSTICE ASHWANI KUMAR MISHRA
Eq Citations
  • LQ/AllHC/2021/2389
Head Note

Education and Universities — Language of Education — Urdu — Discontinuance of Urdu teacher — Secular State — Discontinuance of Urdu teacher only because muslim population is less — Held, prima facie not open — Constitution of India, Arts. 29 and 30 (Para 2)