IMPORTANT POINT
The court established that acceptance of appointment conditions, including language proficiency requirements, precludes later claims for exemption based on age.

ORDER :

(Vaibhavi D. Nanavati, J.) :

1. By way of present petition under Article 226 of the Constitution of India, the petitioner herein has challenged the impugned communication No.1147/2023, dated 04.08.2023, addressed by the Registrar, City Civil & Sessions Court, Ahmedabad, under the instructions of the learned Principal Judge, whereby the petitioner was informed that the representation made by the petitioner to grant exemption from passing the Gujarati Language Test, has been ordered to be “Filed”.

1.1 The petitioner further challenges the impugned communication No.AC/502/2023, dated 06.10.2023 addressed by the Registrar, City Civil & Sessions Court, Ahmedabad, under the instructions of the learned Principal Judge informing the petitioner that since the petitioner did not clear the Gujarati Language Test, the increments, Higher Grade and Promotion, already granted to the petitioner, shall be withdrawn. It is the case of the petitioner that both the impugned communications are against the principles of law, violative of Articles 14 and 21 of the Constitution of India and violative of the concerned Rules i.e. The Gujarat Government Servants (Lower Standard and Higher Standard Gujarat Language Examination) Rules, 1970. In view thereof, the present petition is filed by the petitioner seeking the following reliefs:

“9. The petitioner, therefore, most respectfully prays that

a) This Hon'ble Court may be pleased to admit and allow this petition.

b) This Hon'ble Court may be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction in the nature of mandamus and be pleased to hold that the impugned communications dated 04.08.2023 (Annexure-A) as well as communication dated 06.10.2023 (Annexure-B) holding the same as illegal, against the principles of natural justice, without application and in violation of Articles- 14 & 21 of the Constitution of India and be further pleased to direct the respondent authority to grant exemption to the petitioner from passing the Hindi/Gujarati Language Examination, as per the provisions of proviso to Rule-4 of The Gujarat Government Services (Lower Standard and Higher Standard Examination Gujarati Language Examination) Rules, 1970.

c) By an appropriate writ, order or direction, Your Lordships may be pleased to hold and declare that the action of the respondent authority in asking the petitioner to clear the Hindi/Gujarati Language Examination at this fag end of his career, is absolutely erroneous, illegal, against the settled provisions of law and is nothing but cruelty as has been observed by the Hon'ble Supreme Court.

d) By an appropriate writ, order and/or direction in the nature of mandamus, Your Lordships may be pleased to hold and declare that the respondent No.2 authority has no right to take back the increments, higher-grade, upgradation/ promotion already granted to the petitioner or to keep in abeyance the other retiral benefits of the petitioner.

e) Pending admission, hearing and/or final disposal of this application, this Hon'ble Court may be pleased to direct the respondent to grant the necessary sanction for preparation of pension papers of the petitioner and be further pleased to refrain from taking back the increments, higher-grade, upgradation/promotion already granted to the petitioner and to provide all other retiral benefits without insisting for production of the certificate in Hindi/Gujarati Language Examination.

f) Such other and further relief as this Hon'ble Court may deem just, fit and expedient be granted in favour of the petitioner.

g) Costs of this petition be provided for to the petitioner.”

2. Brief facts leading to the filing of the present petition read thus:

2.1 The respondent No.2 herein published an advertisement bearing Notice No.35/1991, inviting applications for the post of Personal Assistants (English Stenographers, Grade- I) in the pay scale of Rs.2000-3500 plus allowances, on 15.10.1991 wherein, the qualifications prescribed was that th