PUNJAB & HARYANA HIGH COURT
Ashutosh Mohunta and T.P.S.Mann JJ.
Isham Singh
Versus
State Of Haryana
Civil Writ Petition No. 15062 of 2006,
Decided On : OCTOBER 12,2007
Official Language - Examination - Articles 343, 345, 347, 351 - The court dismissed the writ petitions challenging the usage of Roman script in the examination for the post of Ayurvedic Medical Officer, citing that there is no provision under any Statutory Rules that the written test can be conducted in Hindi and not in English. The court also highlighted that the syllabus of BAMS includes subjects in English and that the usage of Roman script has been allowed by Article 343 of the Constitution for official language in the whole of Union.
Fact of the Case:
The petitioners challenged the entrance examination for the post of Ayurvedic Medical Officer conducted by the Haryana Staff Selection Commission, citing that the question papers were set in Roman script, making it difficult for them to understand and answer the questions properly.
Finding of the Court:
The court found no merit in the writ petitions and dismissed them, emphasizing that there is no provision under any Statutory Rules that the written test can be conducted in Hindi and not in English. The court also highlighted that the syllabus of BAMS includes subjects in English and that the usage of Roman script has been allowed by Article 343 of the Constitution for official language in the whole of Union.
Issues: Challenge to the usage of Roman script in the examination for the post of Ayurvedic Medical Officer.
Ratio Decidendi: The usage of Roman script in the examination for the post of Ayurvedic Medical Officer is not in violation of any Statutory Rules or Constitutional provisions, and the syllabus of BAMS includes subjects in English.
Final Decision: The writ petitions challenging the usage of Roman script in the examination for the post of Ayurvedic Medical Officer are dismissed.
Ashutosh Mohunta, J.
1. This writ petition shall dispose of CWP Nos. 15062, 15112, 15049, 13791, 14730, 15129, 13561 and 14782 of 2006 as common question of law and facts arises in all these petitions.
2. The petitioners have prayed that a writ in the nature of Certiorari be issued quashing the entrance examination dated 20.8.2006 conducted by the Haryana Staff Selection Commission for the post of Ayurvedic Medical Officer. The petitioners have also prayed that respondent No. 2 be directed to hold re-examination for the post of Ayurvedic Medical Officer.
3. Respondent No. 2 vide advertisement No. 5/2006 published in the newspaper on 7.5.2006 invited applications for various posts, beside 53 posts of Ayurvedic Medical Officers from the eligible candidates. The educational qualification for the aforementioned post was as under :-
"(i) Knowledge of Hindi upto Matric standard.
(ii) A degree in Ayurvedic system of Medicine from any University or institution recognised by the Government."
The petitioners applied for the said post and appeared in the examination conducted by respondent No. 2.
It is the case of the petitioners that when they saw the question papers, they were shocked to see that the question papers were set in Roman script (English language only).
4. Mr. Chatrath, learned senior counsel for the petitioners, contends that the study of Ayurvedic System of Medicines is based upon the Vedic theories of treatment and Ayurvedic medicines and all Vedic research material is available in Hindi or Devnagri script. It has been contended that in all the Ayurvedic Medical Colleges the medium of instructions is Hindi and Sanskrit and even the Central Council of Indian Medicines, New Delhi, has prescribed the syllabus of Ayurvedic system in Hindi language but as the papers were set in Roman Script instead of Devnagri script, hence, the petitioners were unable to understand the Sanskrit `Shalokas and words written in Roman script as a result of which they could not understand and answer the questions properly. Learned counsel has further contended that the usage of Roman script in the written examination is contrary to Articles 343, 345, 347 and 351 of the Constitution of India, and further that Hindi that in Devnagri script is the official language of the State of Haryana and hence the usage of Roman script was not permissible for writing Hindi/Sanskrit and thus the setting of question papers in Roman script is ultra vires the Act of the Legislature. Learned counsel contends that as per Article 343 of the Constitution of India, the official language of the Union is Hindi in Devnagri script and what is permissible under the Constitution is that international form of Indian numerals can be used for the official purpose. It is also permissible under the Constitution to use English language if the law provides for it but it is not permissible to use Roman or English language for writing Hindi/Sanskrit and only Devnagri script could be used for setting the question papers in Hindi or Sanskrit. Learned counsel further submits that as the syllabus for the study of Ayurvedic system of medicines is in Hindi, therefore, only Devnagri script could be used for setting the question papers and the petitioners could not have been asked questions in Hindi written in Roman script. It is submitted that the names of medicines and herbs have to be written in Devnagri script and as the petitioners have studied the BAMS in Devnagri script, therefore, they could not be expected to answer the questions in Hindi written in Roman and English script.
5. Mr. Amar Vivek, learned counsel for the petitioners in CWP No. 14782 of 2006, has by and large argued on the same lines as Mr. Chatrath. Learned counsel contends that the Sanskrit Shalokas in the question papers were printed in Roman script, thus, making it impossible for the ordinary student to understand and answer the Sanskrit Shalokas in Roman script. It is contended that even a small grammatical m
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