( 1 ) THE short question which arises for my consideration in this petition is whether the State Government can frame a scheme to make it compulsory for English stenographers to undergo training in Gujarati stenography.

( 2 ) THE Government of Gujarat has in exercise of powers conferred by Article 309 of the Constitution of India framed recruit ent rules for appointment to the post of English Stenographer (First Grade) and English Stenographers (Second Grade) in the lower division of the Subordinate Secretariat Service. There are separate rules for English Stenoghaphers (First Grade) and English Stenographers (Second Grade ). Under these Recruitment Rules candidates selected for the post of English Stenographer (First Grade) and English Stenographer (Second Grade) are required to pass Gujarati and/or Hindi examination according to the rules framed in that behalf. The rules do not provide for training and passing of exam nation in Gujarati Stenography. In other words under the Recruitment Rules candidates selected for appointment as English Stenographers whether in First Grade or in Second Grade are not required to undergo any training or pass any examination in Gujarati stenography. This petition is filed on behalf of about one hundred English Stenographers who were required as English Stenographers in either First Grade or Second Grade under the aforesaid rules. Petitioner No. 1 is an association of Stenographers while petitioners Nos. 2 and 3 are employed as English Stenographers Second d Grade. It is the case of the petitioners that petitioners No. 2 and 3 were recruited as English Stenographers Second Grade on their passing examination and test held by the Gujarat Public Service commission under the aforesaid Recruitment Rules.

( 3 ) THE Government of Gujarat has declared Gujarat has declared Gujarati as the official language of the State vide Gujarati Official Language Act 1960 (Gujarat Act No. 1 of 1961 ). A State level Committee headed by Mr. Ramlal Parikh M. P. was appointed in June 1977 to review the existing position about switching over from English to Gujarati language in running the State administration and to suggest measures for implementation of the State policy to switch over to Gujarati. This committee submitted its report in June 1978. The State Government accepted amongst others. the recommendation made by the committee relating to the stenographers and learning of Gujarati stenography by the English stenographers in the State service. One of the recommendations made by the Committee was that the English stenographers should be made to learn Gujarati shorthand and typing as early as possible and for that purpose the Government should conduct training classes. It was in pursuance of this recommendation that the State Government framed a scheme for training all English stenographers in Gujarati stenography. Under this scheme which was framed under Resolution Annexure A dated 28/03/1978 it was made compulsory for English stenographer to take training in Gujarati shorthand and Gujarati typewriting. Under the scheme the English stenographers were initially required to take training for three months. However later on. clause 6 of the Resolution was amended and the period of three months was increased to six months. One of the clause namely clause 19 of the scheme provided that in case the English stenographer did not complete the training course or did not pass the examination of proficiency he would be liable to pay back the salary Which he had received during the training period and he would not be entitled to earn increments till he passed the proficiency examination in Gujarati stenography. This clause however was later on deleted. Clause 11 of the scheme provides that it is compulsory for the English stenographers undergoing training to attend 80% of the days of training for appealing at the proficiency examination and in case he has not so attended he will have to make goad the deficiency be