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2007 Supreme(Bom) 656
IN THE HIGH COURT OF BOMBAY
F.I. REBELLO AND R.M. SAVANT, JJ.
Shri Satish Dattatray Nadgauda -Petitioner
versus
State of Maharashtra Respondents
WRIT PETITION NO.6408 OF 2006
DATED : 3RD MAY, 2007
Advocate Appeared
Mr. M.M. Sathaye for the petitioner.
Mr. A.A. Kumbhakoni, Associate Advocate General with Ms. M.P.
Thakur, Assistant Government Pleader for the respondent Nos.1,3
and 4.
Mr. A.V. Anturkar with Mr. R.S. Apte and Mr. Uday Warunjikar for the
Intervenors.
Headnote:Constitution of India - Article 348(1)(b)(3) - Government resolution/Administrative decisions. - In respect of administrative powers, there is no requirement that English translation of Government resolutions or Administrative decisions must be made available.
Constitution of India - Article 348(1)(b)(3) - Subordinate legislation. - If any authority in exercise of subordinate legislation has power to make other forms of subordinate legislation including making of statutory orders then their translation is required.
The issue for consideration is the expression "Orders, Rules, Regulations and Bye-laws". The question would be whether the Government resolutions issued under Article 154 by the State Government would fall under the expression "Orders, Rules, Regulations and Bye-laws". On behalf of the respondent-State, the Associate Advocate General has drawn attention to the judgment of the Supreme Court in Municipal Corporation of Greater Bombay v. Bharat Petroleum Corporation Ltd., (2002) 4 SCC 219. It is submitted that all the terms used in the article are exercises in subordinate legislation and as such the expression should be read ejusdem generis/noscitur a sociic. It is contended that the principles underly ing noscitur a sociis is that if two or more words which are susceptible of analogous meaning when are coupled together are to be understood as used in their cognate sense taking as it were, their colour from each other, that is the more general is to be restricted to a sense analogous to the less general. The principle underlying ejusden generis is applied when the statutory provision contains an enumeration of specific words the subject of the enumeration thereby constituting a class or category but which class or category is not exhausted at the same time by the enumeration and the general term follows the enumeration with no specific indication of any different legislative intention. This rule which normally envisages word of general nature following specific and particular words to be continued as limited to things which are of the same nature as those specified.
Rule. Heard forthwith.
2. The petitioner had approached this court to challenge the legality and propriety of G.R. dated 29.7.2006 and G.R. dated 25.11.2005 as described in prayer clause (b) and for a further mandamus to withdraw the said G.Rs. The G.Rs pertain to the revised criteria for regularising posts other than teachers in the private partial/whole time granted Secondary, Higher Secondary Schools, Classes of Higher Secondary/Junior Colleges, Military schools in the State of Maharashtra. The G.R. of 29th July, 2006 is the revised criteria for similar posts. As the matter pertained to creation of post under the provisions of MEPS Act and the Rules framed thereunder, we had issued notice to the State Government as to why considering Article 348 of the Constitution of India, the English translations thereof were not available, as prima facie the said G.Rs were an exercise in subordinate legislation. Under Article 348(1)(b), the authoritative text of all Bills, amendments, Acts and Ordinances as also all Orders, Rules, Regulations and Byelaws issued under the Constitution or under any law made by the Parliament or Legislature of State shall be in the English language. By virtue of Article 348(3), where the Legislature of a State has prescribed any language other than the English language for use in Bills or any other order, rule, regulation or byelaw, the translation of the same in English language published under the authority of the Governor of the State in the official Gazette of the State shall be deemed to be the authoritative text thereof in the 3 English language under this Article.
3. In answer to the said notice, Dr. D.K. Sankaran has filed an affidavit. It is pointed out that the Legislature of the State of Maharashtra has enacted Maharashtra Act No.V of 1965 called “the Maharashtra Official Languages Act, 1964” whereby Marathi language is to be the language used for “all official purposes” referred to in Article 345 of the Constitution except for such purposes as the State Government may by Rules, issued from time to time in the Official Gazette specify. By virtue of Section 5 of the said Act, Marathi, from the appointed day which is 26th January, 1965, is to be used in Bills, Acts, Ordinances as also Orders, Rules, Regulations and Byelaws issued by the State Government under the Constitution or the Legislature of the State. It is then pointed out that for the purpose of complying with the requirement of Clause 3 of Article 348 and for the purpose of providing the authoritative text, the Governor of the State has issued an order dated 30th September, 1995 whereby the Secretary to the Law and Judiciary Department or his delegate in certain cases and the Secretary of the Administrative Department concerned or his delegate in the remaining cases have been authorised to publish in the Official Gazette the translation in English language of the `authoritative text' of the concerned document as set out in the order. A perusal of the said notification would indicate that the Secretary, Law and Judiciary Department or his delegate is authorised to publish in the Official Gazette translation in the English language of the Bills introduced in or Acts passed by the Legislature of the State or the Ordinances promulgated by the Governor in Marathi language as the authoritative text of such Bills, Acts, Ordnances under the said Article. The Secretary of the Administrative Department or his delegate has authority to publish in the Official Gazette, translation in English language of any order, rule, regulation or byelaw issued under the Constitution or under any law made by the Parliament of the Maharashtra Legislature in Marathi language.
4. The issue for consideration is the expression “Orders, Rules, Regulations and Byelaws. The question would be whether the Government resolutions issued under Article 154 by the State Government would fall under the expression “Orders, Rules, Regulations and Byel
