The requirement of knowledge of Punjabi language up to the level of Matric for the post of Stenographers Grade III and the discretion of the High Court to offer appointment to candidates in the waiting list due to the shortage of candidates.

RAJIV NARAIN RAINA, J.

1. This order will dispose of CWP Nos.5451, 5815, 5517, 5783, 5870 and 6012 of 2015 as common questions of law and facts are involved in all these writ petitions. There is no necessity to refer to the facts of any of the cases, in view of the order proposed to be passed.

2. When some of these matters came up for motion hearing on 27th March, 2015, a coordinate Bench of this Court passed the following order:-

“The petitioners have impugned the action of the respondents in holding them disentitled to compete for the post of Stenographers Grade III. The ground taken is that they did not have the qualification of Matriculation level knowledge of Punjabi language. The limited prayer made by the learned counsel is that in the past, even in the face of this rule, the respondents have appointed the persons who did not have Matric level knowledge of Punjabi but have imposed a condition that they will have to pass Punjabi of Matric equivalence within a certain time. The petitioners claim that they would be willing to abide by this condition but their rejection on this ground is neither fair nor logical considering the nature of work which they are supposed to do.

Notice of motion for 23.04.2015.

Dasti only.

In the meantime respondents are directed to permit the petitioners to take the test provisionally.

A copy of this order be handed over dasti to learned counsel appearing for the petitioners under the signatures of the Bench Secretary.

3. On notice, the first respondent-Punjab and Haryana High Court put in its written statement. After hearing the parties, another Coordinate Bench of this Court passed the following order on 21th January, 2016:-

“Learned counsel for the petitioners contends that the post in question governed by the Rules called “The Punjab Subordinate Courts Establishment (Recruitment and General Conditions of Service) Rules and as per this Rule, the candidates who possess a degree of Bachelor of Arts or Bachelor of Science or equivalent thereto from a recognised university and pass a test at a speed of 80 w.p.m in English Shorthand and 20 W.P.M in transcription of the same and have proficiency of Computer (Word Processing and Spread Sheets) will be held eligible to the appointment for the post of Steno Typist and there is no condition that candidate should have passed matric examination as punjabi one of the subject.

The impugned notice dated 24.03.2015 had been passed as the committee of this Court in its meeting held on 19.05.2015 at item No. 7 had decided that besides shorthand-cum-typing test in English Language, Shorthand-cum-Typing test n vernacular language ('Punjabi' in the State of Punjab and 'Hindi' in the State of Haryana and U.T. Chandigarh for making recruitments of Stenographers in Subordinate Courts be conducted.

Learned counsel for the petitioners has further informed this Court that in State of Haryana, 'Hindi' up to Matric is an eligible condition for all posts in the Rules itself but there is no Rule to this effect in State of Punjab.

Learned counsel for the petitioners further contends that they are ready to abide by the condition of having pass Punjabi or matric equivalence within a certain time after their appointment.

Learned counsel for respondent No. 1 seeks time to assist this Court that whether without amendment in the Recruitment Rules, the condition of having passed matriculation with Punjabi as one of the subject can be imposed.

List on 27.01.2016.

A photocopy of this order be placed on the files of connected cases.”

4. The test was conducted on 28th March, 2015 and 29th March, 2015. However, the result of the petitioners was kept in sealed cover because of the interim orders. When the matters came up for hearing on 29th July, 2016 before me, I passed the following order:-

“Result has been brought in sealed cover. It has been opened in Court. The same is taken on record. The result be uploaded on the High Court Website.

Adjourned to 8.8.2016.

Photocopy of this order be placed