Gujarat High Court
Judgename :K.M.MEHTA
BENJAMIN AMITKUMAR RAJKUMAR - Appellant
Versus
GUJARAT PUBLIC SERVICE COMMISSION - Respondent
S.C.A. 2734 of 2001
Decided On : 08/28/2001
Civil Application – Petitioner has filed this petition praying for a writ in the nature of mandamus or any other appropriate writ, order or direction, quashing and setting aside the action of Gujarat Public Service Commission - respondent No. 1 in insisting on a candidate to attempt the preliminary examination only in Gujarati in respect of subjects mentioned in para 5 of the petition and Main Examination only in Gujarati in respect of subjects Nos. 13 to 28 as mentioned in of petition – By way of amendment petitioner has also prayed that this Court may declare that Rule 6 of Gujarat Civil Services Competitive Examination Rules, 2000 at Annexure violative of Articles of the Constitution of India – Qualification of Bachelor of Dental Science Petitioner states that petitioner is born and brought up in the State of Gujarat and he understands and knows Gujarati language very well, inasmuch as he could read, write and understand Gujarati language. He submitted that he has received education all throughout in English medium, it is difficult for him to appear in an examination which is held in the language other than English in the subjects which the petitioner learnt in English during his educational career. 2. 2 it has been stated that the Gujarat Public Service Commission - Respondent No. 1 published an advertisement No. 82 inviting applications for 12 posts of Deputy Superintendent of Police Class-I, 57 posts of Sales Tax Officer, 36 posts of Mamlatdar, 36 posts of Taluka Development Officer and 35 posts of Section Officer being Class-II posts. A copy of the advertisement alongwith the form has been annexed at Annexure `a to the petition has also been stated by the petitioner that State of Gujarat in its General Administration Department, notified Gujarat Civil Services Competitive Examination – Held, Petitioner can also be considered in the different aspect. Part 17 of our Constitution deals with official language. Chapter 1 deals with language of Union (Article 343, 344 ). Article 345 provides official language or languages of a State. This article empowers the legislature of the State to adopt Hindi or any State language as official language of that State. In this behalf the State legislature has also provided under rules that examination has to be in gujarati. Article 346 provides official language for communication between one State and another or between a State and the Union. Article 347 provides special provision relating to language spoken by a section of the population of a State. Article 350 provides language to be used in representations for redress of grievances. Article 350-A provides facilities for instruction in mother tongue at primary stage. Article 351 provides for directive for development of the Hindi language. All these articles also lead to the conclusion that the State legislature has power to prescribe and enact the law and by that law can prescribe that the State to adopt any official language of the State. As indicated earlier the State of Gujarat has prescribed Guajarati as official language so State can prescribe that candidates in competitive examination has to answer book in Gujarati language. 4. 1 i have considered the submissions of the learned advocate for the petitioner and the authorities cited by him – Petition is dismissed.
( 1 ) BENJAMIN Amitkumar Rajkumar, petitioner has filed this petition praying for a writ in the nature of mandamus or any other appropriate writ, order or direction, quashing and setting aside the action of the Gujarat Public Service Commission - respondent No. 1 in insisting on a candidate to attempt the preliminary examination only in Gujarati in respect of subjects No. 12 to 27 mentioned in para 5 of the petition and the Main Examination only in Gujarati in respect of subjects Nos. 13 to 28 as mentioned in para 6. 1 of the petition. By way of amendment, the petitioner has also prayed that this Court may declare that Rule 6 of the Gujarat Civil Services (Class-I and Class-II) Competitive Examination Rules, 2000 at Annexure "b" is violative of Articles 14, 16, 19 and 345 of the Constitution of India.
( 2 ) THE facts giving rise to this petition are as under:-2. 1 petitioner is holding the qualification of Bachelor of Dental Science (B. D. S. ). Petitioner states that petitioner is born and brought up in the State of Gujarat and he understands and knows Gujarati language very well, inasmuch as he could read, write and understand Gujarati language. He submitted that he has received education all throughout in English medium, it is difficult for him to appear in an examination which is held in the language other than English in the subjects which the petitioner learnt in English during his educational career. 2. 2 it has been stated that the Gujarat Public Service Commission - respondent No. 1 published an advertisement No. 82 inviting applications for 12 posts of Deputy Superintendent of Police Class-I, 57 posts of Sales Tax Officer, 36 posts of Mamlatdar, 36 posts of Taluka Development Officer and 35 posts of Section Officer being Class-II posts. A copy of the advertisement alongwith the form has been annexed at Annexure `a to the petition. 2. 3 it has also been stated by the petitioner that State of Gujarat in its General Administration Department, notified Gujarat Civil Services (Class-I and Class-II) Competitive Examination Rules, 2000 on 19. 10. 2000. This Rule provide for holding of Competitive Examinations for recruitment to the posts of Class-I and Class-II specified in Schedule I to the Rules. A copy of the Gujarat Civil Services (Class-I and Class-II) Competitive Examination Rules, 2000 has been annexed at Annexure `b to the petition. It has been stated that as per Clause 2 (c) provides definition of "examination" means the combined competitive examination for recruitment to the posts specified in Schedule I and includes of the Preliminary Examination, Main Examination and an Interview Test referred to in Rule 4. Rule 4 provides that (1) the examination shall be held in two successive stages namely Preliminary Examination (Objective Type) for selection of candidates for Main Examination and Main Examination (Written and Interview Test) for final selection of candidates for the Scheduled posts and (2) The Preliminary Examination and Main Examination shall be held in such manner as specified in Schedule I. Rule 6 provides the medium of the examination shall be Gujarati. Sub-rule 2 of Rule 6 provides that the answers to the question paper of General English shall be given in English Language and in optional papers relating to other languages, shall be given in the respective languages. Sub-rule 3 of Rule 6 provides that the answers to questions on optional paper relating to Sanskrit Literature may be given in Sanskrit or in Gujarati. Sub-rule 4 of Rule 6 provides that the answers to questions on the paper of Geology, Agriculture, Civil Engineering, Electrical Engineering, Mechanical Engineering, Medical Science, Animal Husbandry and Veterinary Science, Management and Public Administration may be given in either Gujarati or English. Thus, except those subjects of the candidates in gujarati, the petitioner has relied upon certain provisions namely Article 343 (2) which provides for continuation of English La
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