Judgment

RAY, C.J.I.:- These appeals are by certificate against judgment and order dated 29th January ,1971 of the High Court of Madras.

2. The respondents filed writ petitions in the High Court for a declaration that the Presidential order dated 27the April, 1960, the Railway Board Orders dated 25th January, 1962, Memoranda or Orders of the Ministry of Home Affairs dated 3rd March , 1966, and the Posts and Telegraph Department Orders dated 6th February, 1965, 4th December, 1965, 23rd September, 1967, 19th June, 1968 and 9th February, 1970 are void.

3. The Presidential order dated 27th April, 1960, was inter alia as follows:-

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5. Training of administrative personel in the Hindi Medium,.......

(a) In accordance with the oponion expressed by tghe Committee in service traning in Hindi may be made obligatory for Central Government employees who are aged less then 45 years. This will not apply to employees below Class III Grade, industrial establishments and work-charged staff. In this Scheme, no Penalty should be imposed for failure to attain the prescribed standard by the due date. Facilites for Hindi training may continue to be provided free of costs to the trainees.

(b) Necessary arrangements may be made by the Ministry of Home Affairs for the training of typists and stenographers employed under the Central Goverment in Hindi typewriting and stenography.

(C) The Ministry of Education may take early steps to evolve a standerd key-board for Hindi typewritrers.

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7. Recruitment to local offices of central Goverment Department:-

(c) The committee has agreed with the recommendation of the Commission that the Union Government would be justified in prescribing a reasonable measure of knowledge of Hindi language as a qualification for entering into their services provided a sufficiently long notice is given and the measure of linguistic ability prescribed is moderate, any deficiency being made good by further in service training.

This recommendation may be applied for the present inregard to recruitment in the local offices of the Central Goverment Departments in the Hindi speaking areas only and not in the local offices in non-Hindi speaking areas.

The direction under (a), (b) and (c) above will not apply to offices under the Indian Audit and Accounts Department, ........"

4. The Railway Board Notification dated 25th January, 1962, inter alia stated as follows:-

"The progress of Hindi training of staff on the Railways is very slow and the facilities provided by the Government are not being utilised properly. Immediate steps should be taken to correct the position and ensure that the facilites offered by the Government are not misused. Since training in Hindi is obligatory and is being impared during working hours, wilful absence from Hindi classes should be treated as absence from duty and dealt with as such."

5. The Home Ministry memorandam dated 3rd March 1966 inter alia stated as follows : In service training in Hindi was made obligatory for all Central Government Employees below 45 years of age, excluding employees below Class III Grade, industrial establishments and work-charged staff. The programme for facilitating the progressive use of Hindi should be completed by March 1966. Steps for the fuller use of facilities under the Hindi Teaching scheme were being laid down. The facilities indicated that employees working in a Ministry should get themselves enrolled in the Hindi classes and failure to attend these classes should be discouraged and the obligatory training should include their appearance at the examinations.

6. One of the Posts and Telegraphs Orders referred to above is set out as a type. This Order provides teaching facilities and free training in Hindi during office hours.

7. One of the petitioners in the High Court was Murasoli Maran. He described himself as a sitting Member of Parliament and stated that he had duty to represent the people. The locus standi of the petitioner was challenged in the High Court. The