Secular State Can't Have Policy To Discontinue Urdu Teacher Only Because Muslim Population Is Less: Allahabad High Court

"In a secular State it would prima facie not be open to frame such policy and to discontinue an Urdu teacher only because the Muslim population is less," observed the Allahabad High Court while dealing with a plea of an Urdu Teacher whose engagement was discontinued by the Uttar Pradesh Government citing its policy.

One Sanover/Petitoner submitted before the Court that she had been working without any complaint as an Urdu teacher but her services were discontinued citing the State Government's policy which apparently allows for discontinuation of services of an Urdu Teacher if the Muslim population is below 20%.

It was further submitted that merely because the Muslim population is below 20%, it can't be a ground to discontinue the petitioner's engagement.

At the outset, the Bench of Justice Ashwani Kumar Mishra opined 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 an Urdu teacher only because the Muslim population is less," remarked the Court.

Further, the Court directed the Standing Counsel directed to obtain instructions in the matter.

The Additional Chief Secretary of the Department of Basic Education has also been directed to place on record the policy of the State in light of the above observations.

Case title - Sanover v. State Of U.P. And 3 Others 

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