The use of the word 'Indian' in a society's name may convey the impression of enjoying the patronage of the Government of India, justifying restrictions under the Emblems and Names (Prevention of Improper Use) Act, 1950.

SHARAD KUMAR SHARMA, J.

1. In the present Writ Petition, a very interesting question, which has emerged for consideration before this Court is pertaining to the use and the nomenclature of the petitioner Society, with which, it was registered as back as in 1982-83, showing it as to be a Society registered in the name of “Indian School Society, Jogiwala, Deharadun”. It also reflects with the said name, it was continued to be reviewed from time to time by the Registrar of the Societies. The necessity arose for the petitioner to file the instant Writ Petition, when he was faced with the order dated 10th July, 2017, as passed by respondent No. 3, whereby, while making reference to the extent made in Clause 1 and 2, directed the petitioner Society to remove the word ‘Indian’ from its name. Having reference to the Clauses 1 and 2 of the letter dated 10th July, 2017, it reads as under :-

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2. For the reason, which has been assigned in the said two clauses, which are questioned in the present writ petition, is that in terms of the Government Order No. 01/XXVII (6)-4-B 135-2011 dated 11th January, 2017, as issued by the Additional Secretary, it has imposed restriction from the use of the word ‘Indian’ in the name of the Society of the petitioner. The Government Order as referred above dated 11th January, 2017, which has been passed by the Additional Secretary, though, it was in reference to the name of the Society called as “Indian Confederation of Medical Laboratory Sciences, Haridwar”, whereby, while interpreting the implications of Section 2 (a) and Section 3 along with the Schedule of the Act, called as Emblems and Names (Prevention of Improper Use) Act, 1950, has held that the use of word “Indian” happens to be in contravention to the provisions of the Act of 1950. Consequently, it was as per the said Government Order, which was made applicable, in relation to the Indian Confederation of Medical Laboratory Science, that it prohibited the use of word “Indian”. The learned counsel for the petitioner submits that the said Government Order dated 11th January, 2017, which is the basis of passing of the impugned order in relation to the petitioner dated 10th July, 2017, could not have been borrowed because it was not a Government Order which was issued by way of general directions.

3. For the purposes of establishing his case, the learned counsel for the petitioner further submits that the only bar which has been created by the Act is for the use of word “India” and not “Indian” and, hence, the implication of the Government Order dated 11th January, 2017, which was in relation to another Society, could not have been borrowed for imposing the restriction by Clause 1 and 2 of the impugned order dated 10th July, 2017, issued against the petitioner.

4. An interesting issue, which crops up for consideration before this Court is that the Act was incorporated in 1950, it was having an intend to prohibit the use of emblems and names as enumerated therein for the purposes of use of it by the organization engaged in professional or commercial activities. The term emblem has been defined under Section 2 (a) of the Act of 1950, which reads as under :-

“2. Definition. – In this Act, unless the context otherwise requires, -

(a) “emblem” means any emblem, seal, flag, insignia, coat-of-arms or pictori