Page No.# 1/7 GAHC010202842024 2025:GAU-AS:12365 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5032/2024 IMAA BISHNUPRIYA MANIPURI (IBM), A SOCIETY REGISTERED UNDER THE PROVISIONS OF THE SOCIETIES REGISTRATION ACT, 1860 HAVING ITS REGISTRATION NO, RS/CA/243/P/66 AND HAS ITS REGISTERED OFFICE SITUATED AT RAM KRISHNA SARANI SATSANG ASHRAM ROAD, SILCHAR, PIN- 788007, CACHAR ASSAM, IN THE INSTANT PROCEEDING, THE PETITIONER SOCIETY IS REPRESENTED BY ITS WORKING PRESIDENT, SRI KISHAR KUMAR SINHA, AGE ABOUT 51 YEARS, SON OF LATE KRISHNA MOHAN SINHA (EX-ARMY), PRESENTLY RESIDING AT C/O. MR. NIRMAL BARMAN, HOUSE NO.9, CHANAKYA PATH, G.S.ROAD, P.O. DISPUR, P.S. BHANGAGARH, GUWAHATI- 781005 IN THE DISTRICT OF KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE SECRETARY, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI, PIN- 781006 2:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019 3:THE DIRECTOR SOCIAL WELFARE ASSAM M.G. ROAD UZANBAZAR GUWAHATI ASSAM PIN- 781001 Page No.# 2/7 4:THE DIRECTOR STATE COUNCIL FOR EDUCATION RESEARCH TRAINING KAHILIPARA GUWAHATI ASSAM PIN- 781019 5:THE PRESIDENT BISHNUPRIYA MANIPURI SAHITYA SABHA ASSAM HAVING ITS HEAD OFFICE SITUATED AT MANIKANTA BHAWAN SARADAMANI LANE COLLEGE ROAD SILCHAR- 788004 IN THE DISTRICT OF CACHAR ASSAM 6:THE PRESIDENT NIKHIL BISHNUPRIYA MANIPURI SAHITYA PARISHAD (ASSAM) HAVING ITS OFFICE AT C/O. SRI SHIBENDRA SINHA CHINCOORIE ROAD P.O. BHAKATPUR P.S. SILCHAR (SADAR) SILCHAR- 788005 DISTRICT- CACHAR ASSAM 7:THE NIKHIL BISHNUPRIYA MANIPURI MAHASABHA BHAKATPUR SILCHAR-5 CACHAR ASSAM (REPRESENTED BY THE GENERAL SECRETARY OF THE ABOVE MAHASABHA NAMELY SHRI PARTHA SARATHI SINGHA AGED ABOUT 45 YEARS S/O LATE SANGRAMDEV SINGHA OF VILL. RAJARGAON P.O. PATHER KANDI DIST. SRIBHUMI ASSAM Advocate for the Petitioner : MR. R P SARMAH, MR. D DOLEY,MS A DEKA,MS S P CHETRY Advocate for the Respondent : SC, ELEM. EDU, MR N N UPADHYAYA,MR. H ISLAM (R6),MR B SINHA (R6),SC, SCERT, ASSAM,GA, ASSAM Page No.# 3/7 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 08.09.2025 Heard Mr. R.P. Sarmah, learned senior counsel assisted by Mr. D. Doley, learned counsel for the petitioner; Mr. P.K. Borah, learned standing counsel for the Elementary Education Department, respondent Nos. 1 & 2; Ms. D.D. Barman, learned Additional Senior Government Advocate for the respondent No. 3; Mr. B. Gogoi, learned standing counsel for the SCERT, respondent No. 4; Mr. N.N. Upadhyay, learned counsel for the respondent No. 5; and Mr. B. Sinha, learned counsel for the respondent Nos. 6 & 7. 2. In this petition, under Article 226 of the Constitution of India, the petitioner has prayed for issuing direction to the respondent authorities, more particularly respondent No. 4 (Director of SCERT, Assam), to constitute a committee/commission of linguists (Indo-Aryan) towards resolving the issue of correct grammar and orthography for publication in order to enabling the students of foundation stage/pre-primary/primary level of education of the Bishnupriya Manipuri Community. 3. Mr. Sarmah, learned senior counsel for the petitioner submits that the State Council of Educational Research and Training (SCERT hereinafter) (respondent No. 4) is the authority responsible for publication of correct form of textbook and grammar in Bishnupriya Manipuri language and textbook for primary students of the Community and accordingly, the petitioner had approached the SCERT for publication of correct phonetical words and grammar. Thereafter, the respondent No. 4 had issued a letter, dated 11.08.2022, to the Page No.# 4/7 President and Secretary of the Bishnupriya Manipuri Sahitya Sabha requesting to attend a conference to discuss the issues related to language education in the State of Assam to be held on 22.08.2022, under the chairmanship of Education Minister of Assam. Accordingly, four numbers of representatives/office bearers of the Bishnupriya Manipuri Sahitya Sabha had attended the said meeting and thereafter, the respondent No. 4, on 24.06.2022, issued a letter, vide memo No. SCERT/ACA/PPLW/70/99/Pt-I/2018/195, to all the Presidents/Secretaries of Sahitya Sabhas of different communities including the Bishnupriya Manipuri Sahitya Sabha for submitting of traditional rhymes, lullabies, play song, folklore, short stories, etc. from indigenous/tribal communities within July, 2022 so that the Teaching Learning Material can be prepared for the children from different communities. But, under same memo number, the respondent No. 4 also issued a separate letter to the President/Secretary of Nikhil Bishnupriya Manipuri Sahitya Parishad (Assam) on the same subject matter. 3.1. Further submission of Mr. Sharma is that on 25.01.2023, the respondent No. 4 had issued another letter, vide Memo No. SCERT/ACA/ECCE/49/2021/90, to the President/Secretary of all Sahitya Sabhas, including Bishnupriya Manipuri Sahitya Sabha and Nikhil Bishnupriya Manipuri Sahitya Parishad (Assam) to depute two members for Orientation Programme on National Curriculum Framework for Foundation Stage to be held on 09.02.2023, at Assam Administrative Staff College, Khanapara. But, this time also, the respondent No. 4 had issued another separate letter, under same memo number to the Sahitya Sabhas, except the Bishnupriya Manipuri Sahitya Sabha. 3.2. Mr. Sharma further submits that as per direction issued by the respondent No. 4, the Bishnupriya Manipuri Sahitya Sabha had submitted a set of textbooks for printing and publishing. But, on the other hand, the Nikhil Bishnupriya Page No.# 5/7 Manipuri Sahitya Parishad (Assam) also submitted a set of textbooks for printing and publishing. But, there were grammatical contrasts in both the textbooks and as such, the respondent authorities are reluctant to select one textbook from both of them, for printing and publication of the same. 3.3. It is further submitted by Mr. Sharma that due to delay in printing of the textbook, the petitioner society had submitted a representation on 10.07.2023, to the Education Minister and Chief Minister of Assam for unlocking the current logjam in Bishnupriya Manipuri Textbooks, under the Foundation of Literacy and Numeracy (FLN) Programme (Nipun Axom), by constituting a commission of Linguists (Indo Aryan) from Universities. Subsequently, on 17.08.2023, the petitioner society had submitted another representation before the Education Minister and Chief Minister of Assam to remind that as the academic session was underway, the authorities concerned are yet to form any commission as requested. 3.4. Mr. Sharma also submits that the petitioner society also tried to settle the matter amicably within the society and in this regard a series of discussions were held with the other organizations of the society and one such meeting was held on 09.09.2023. But, the Nikhil Bishnupriya Manipuri Sahitya Parishad (Assam) did not attend the said meeting. In the said meeting, most of the social leaders of different organizations were present along with educationist/intellectuals of the Bishnupriya Manipuri Society and they opined their views regarding the correctness of the grammar in the textbooks submitted by the Bishnupriya Manipuri Sahitya Sabha and as the set of textbooks is in synchronized with the grammar and spelling plans advocated by Late Dr. Kali Prasad Sinha, the only recognized linguistic expert from the Bishnupriya Manipuri Community, a crucial point was raised that most of the Page No.# 6/7 students of the community are studying in Bengali and Assamese medium schools and if they follow the 'Danteswa' formula in 'Kriyavibhakti' at the initial stage, it will be difficult for the students in higher classes as all the other languages, like Assamese and Bengali, follow the 'Cha' formula in ‘Kriyavibhakti’. Thereafter, two numbers of Ph.D. holders were appointed as Observer/Mediator and they stated that Dr. Kali Prasad Sinha, was the first researcher of the entire community and that too in Bishnupriya Manipuri Language and therefore, the entire community should follow his works and as such, the 'Cha' in ‘Kriyavibhakti’ is the correct use in Bishnupriya Manipuri Language and thereafter, a resolution was adopted in the said meeting. Thereafter, the petitioner society had communicated the minutes of the said meeting to the respondent No. 4, on 03.10.2024. But, no action has been taken till date in publication of the textbook. 3.5. Under such circumstances, Mr. Sharma has contended that the respondent No. 4 may be directed to resolve the dispute in the interest of the students by constituting a committee of linguists (Indo-Aryan) and thereafter, to publish the textbook in a time bound manner. 4. Per-contra, Mr. Gogoi, learned standing counsel for the SCERT, respondent No. 4, submits that now the matter has been forwarded by the respondent No. 4 to the Government of Assam and the same is pending with the Commissioner and Secretary to the Government of Assam, being respondent Nos. 1 & 2. 5. On the other hand, Mr. Borah, learned standing counsel for the Elementary Education Department, respondent Nos. 1 & 2; Ms. Barman, learned Additional Senior Government Advocate for the respondent No. 3; Mr. Upadhyay, learned counsel for the respondent No. 5; and Mr. Sinha, learned counsel for the respondent Nos. 6 & 7, submit that since the matter is pending before the Page No.# 7/7 Commissioner and Secretary to the Government of Assam, the Commissioner and Secretary may be directed to constitute a committee to resolve the matter and thereafter, to take necessary steps for publication of the textbook. 6. Accordingly, taking note of the submissions of learned counsel for both the parties and also considering the facts and circumstances on the record, the Commissioner and Secretary to the Government of Assam, respondent Nos. 1 & 2, are directed to constitute a committee comprising all the members of different organizations of Bishnupriya Manipuri Community for resolving the dispute in respect of publication of correct phonetical words and grammar and thereafter, to take necessary action for publication of the textbook. 7. The aforesaid exercise has to be carried out within a period of 3 (three) months from the date of receipt of the certified copy of this order. 8. In terms of above, this writ petition stands disposed of. The petitioner shall obtain a certified copy of this order and place the same before the respondent authorities within a period of 1 (one) week from today. JUDGE Comparing Assistant