Himachal Pradesh High Court
Arsh Dhanotia vs . State Of H.P. & Anr. on 20 September, 2022
Bench: Amjad Ahtesham Sayed, Jyotsna Rewal Dua
Arsh Dhanotia Vs. State of H.P. & Anr.
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CMP No. 13009 of 2022 IN CWPIL No. 57/2021 20.09.2022 Present: Mr. Bhawani Pratap Singh, Advocate, for the applicant/petitioner.
Mr. Adarsh Sharma, Additional Advocate General, for the respondents.
This application has been filed in CWPIL No.57/2021.
The prayer in the application read as follows:-
"It is, therefore, humbly prayed that present application may kindly be allowed and strict directions may be issued to the Respondents in working towards making Pahari (Himachali) as one of the official language of State of Himachal Pradesh, and other prayers as in the original petition may also be taken into account, and, this Hon'ble Court may pass any other order as it may deem fit in the interest of justice and fair play."
2. While disposing of the CWPIL on 08.11.2021, the following order was passed:-
"Notice. Mr. Vikas Rathore, learned Additional Advocate General, accepts notice on behalf of the respondents. Heard.
2. This Civil Writ Public Interest Litigation has been filed with a prayer that the respondents-State be directed to declare Pahari (Himachali) as one of the official languages in the State of Himachal Pradesh in any script and also direct them to promote further research towards a long-term formal Pahari (Himachali) nuclear language structure and nuclear Tankri script. It is also prayed that the State Government be directed to promote Pahari (Himachali) and other local languages as the medium of instruction in primary and middle level schools as per the New Education Policy, 2020 and to demand ::: Downloaded on - 22/09/2022 20:02:14 :::CIS the inclusion of Pahari (Himachali) language as a separate category for the 2021 Census and .
simultaneously undertake an awareness campaign to create awareness amongst the masses, especially the youth of the State who speak Pahari (Himachali), to get it marked as their mother tongue in the upcoming Census.
3. In response to the query pointed out by this Court, the learned Counsel for the petitioner did not dispute that dialect of the Pahari spoken in different areas of the State of Himachal Pradesh, differs from area to area. Even Mr. Ashok Sharma, learned Advocate General, assisted by Mr. Vikas Rathore, learned Additional Advocate General, submitted that not only the dialects of Pahari language would differ from one District to another District of the State but even in single District of the State, in different areas, different dialects of Pahari language are spoken.
4. In the facts of the case, as stated above, direction as has been prayed for, cannot be issued to the State Government until and unless it is established on record that the Pahari (Himachali) language has its own script and that a common Pahari dialect is spoken throughout the State of Himachal Pradesh. We, however, set the petitioner at liberty to approach the Department of Language Art & Culture to the Government of Himachal Pradesh with his demand for undertaking a research with a view to promoting a common Pahari (Himachali) nuclear language structure and nuclear Tankri script. If the petitioner approaches the respondents-State through its Additional Chief Secretary (Language Art & Culture) to the Government of Himachal Pradesh) for the prayer made in the Civil Writ Public Interest Litigation, it would be for the said authority to consider the same in accordance with law.::: Downloaded on - 22/09/2022 20:02:14 :::CIS
5. With the aforesaid directions, the Civil Writ Public Interest Litigation is disposed of. Pending .
miscellaneous application(s), if any, shall also stand disposed of."
3. We fail to understand how such application can be filed in the disposed of CWPIL, when the very issue has already been considered and decided in the main CWPIL.
r to The application is accordingly dismissed as not maintainable.
( A.A. Sayed ) Chief Justice ( Jyotsna Rewal Dua ) Judge 20th September, 2022(Rohit) ::: Downloaded on - 22/09/2022 20:02:14 :::CIS