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1999 Supreme(All) 1646

IN THE HIGH COURT OF ALLAHABAD
O. P. Garg, J.
BALRAJ MISRA - Appellant
Versus
HONble CHIEF JUSTICE OF HIGH COURT, ALLAHABAD - Respondents
C. M. W. P. 14731 Of 1999
Decided On : 10/14/1999

Advocates Appeared:
Dayashankar Mishra, SUNIL AMBAVANI, V.C.MISHRA

Headnote:

CONSTITUTIONAL LAW - OFFICIAL LANGUAGE - HINDI - USE OF HINDI IN DEPARTMENTAL PROMOTIONAL EXAMINATIONS - WHETHER ELIGIBLE CANDIDATES CAN BE COMPELLED TO WRITE THEIR ANSWERS IN ENGLISH LANGUAGE ONLY - HELD, NO - HINDI CAN BE USED AS AN OPTIONAL LANGUAGE IN JUDGMENTS, DECREES AND ORDERS OF THE HIGH COURT IN ADDITION TO ENGLISH - NOTIFICATION ISSUED BY THE GOVERNOR OF UTTAR PRADESH UNDER ARTICLE 348(2) OF THE CONSTITUTION AUTHORISES THE USE OF HINDI IN THE HIGH COURT - RULE 41 OF THE ALLAHABAD HIGH COURT OFFICERS AND STAFF (CONDITIONS OF SERVICE AND CONDUCT) RULES, 1976, DOES NOT PROHIBIT THE USE OF HINDI IN WRITING THE ANSWERS - USE OF HINDI LANGUAGE IN WRITING THE ANSWERS IN THE DEPARTMENTAL EXAMINATION TO THE PROMOTIONAL POST OF BENCH SECRETARY GRADE II HAS BEEN ILLEGALLY PROHIBITED - IN FUTURE, ELIGIBLE CANDIDATES APPEARING IN THE EXAMINATION FOR THE PROMOTIONAL POST OF BENCH SECRETARY GRADE II SHALL NOT BE COMPELLED TO WRITE THEIR ANSWERS IN ENGLISH LANGUAGE ONLY - THEY SHALL HAVE THE OPTION EITHER TO WRITE THEIR ANSWERS IN ENGLISH OR IN HINDI LANGUAGE.

Fact of the Case:

The petitioners, employees of the Allahabad High Court, challenged the condition that the answers in the departmental promotional examination for the post of Bench Secretary Grade II are to be written in English language only. They contended that this compulsion to write in English had irked them and that they were deprived of their legitimate right to write answers in Hindi in an arbitrary manner. The respondents maintained that in view of the provisions of Article 348 of the Constitution of India, the language of the Court is English and since on the representation of the Employees Association, the committee of two Hon'ble Judges has taken the decision that in view of the duties which are to be performed by the Bench secretaries, knowledge of English language is necessary and, therefore, the condition that the examinees shall answer the questions in English language only is not arbitrary, illegal or unwarranted.

Finding of the Court:

The Court held that the use of Hindi language in writing the answers in the Departmental Examination to the promotional post of bench Secretary Grade II has been illegally prohibited. The Court further held that in future eligible candidates appearing in the examination for the promotional post of Bench Secretary Grade II shall not be compelled to write their answers in English language only. They shall have the option either to write their answers in English or in Hindi language.

Issues: Whether the employees of the Allahabad High Court can be debarred from writing their answers in Hindi in the departmental promotional examinations.

Ratio Decidendi: The Court held that under the provisions of Article 351 of the Constitution, all out attempts have to be made for promotion, spread, development and growth of Hindi language as a medium of expression for all the elements of composite culture of India. The Court further held that in spite of the fact official language of the Court, as contemplated under Article 348 (1) of the Constitution is English, Article 348 (2) enables the Governor, with the previous consent of the President, to authorise use of Hindi or of the official language to be used in the High Court of the State.

Final Decision: The writ petitions were allowed only to the extent that in future eligible candidates appearing in the examination for the promotional post of Bench Secretary Grade II shall not be compelled to write their answers in English language only. They shall have the option either to write their answers in English or in Hindi language and to give effect to this direction the question papers shall be bilingual.

O. P. GARG, J.

( 1 ) A question of far reaching importance is involved in these writ petitions as to whether the employees on the establishment of the High Court of Judicature at Allahabad can be debarred from writing their answers in Hindi in the departmental promotional examinations. It sounds ridiculous that after lapse of half of the century of the commencement of the Constitution of india, the officials of the High Court, which is located in the Hindi speaking belt, are being compelled to writ their answers in departmental examination in English only. For the better appreciation of the controversy in hand, the background in which the present writ petitions have come up before this Court may be narrated. The employees who are recruited to the establishment of this Court are governed by the provisions of Allahabad High Court Officers and staff (Conditions of Service and Conduct) Rules, 1976 (hereinafter referred to as the Rules ). The promotional avenues are available to the Lower Division Assistants (for short ldas) who are initially recruited as Routine Grade Clerks (for short rgcs ). There is a promotional post of bench Secretary Grade II. All those LDAs who have put in ten years continuous service in class iii cadre are eligible to appear in the departmental examination. By Office Memorandum dated 24. 11. 1998, applications were invited from the eligible candidates upto 10. 12. 1998 and the departmental examination was to take place on 9. 1. 1999. There was not even a faint suggestion in the Office Memorandum that the candidates who are desirous to take up the proposed examination have to write their answers to the various questions only in English language. The rules are also silent on the point. They were surprised to know by seeing the examination paper to which a note was appended that answers are required to be given in English language only. This compulsion to write in English had irked the various members of the establishment of this court in general, and the petitioners, in particular. In the present writ petitions, the condition that the answers are to be written in English language only has been challenged as arbitrary, illegal and against the specific provisions of the Constitution and the laws made thereunder. It is prayed that since the petitioners were deprived of their legitimate right to write answers in Hindi in an arbitrary manner, the entire examination, which had taken place on 9. 1. 1999, be quashed as it stood vitiated. According to the petitioners, examination may be directed to be held again and the respondents be commanded not to compel the petitioners to write answers in English language only. On behalf of the respondents, it has been maintained that in view of the provisions of Article 348 of the Constitution of India, the language of the Court is English and since on the representation of the Employees Association, the committee of two Honble Judges has taken the decision that in view of the duties which are to be performed by the Bench secretaries, knowledge of English language is necessary and, therefore, the condition that the examinees shall answer the questions in English language only is not arbitrary, illegal or unwarranted.

( 2 ) HEARD Sri D. S. Misra as well as Sri V. C. Misra, learned counsel for the petitioners in the two writ petitions and Sri Sunil Ambwani appearing on behalf of the High Court and other respondents, as well as learned standing counsel on behalf of the State of U. P.

( 3 ) THE core question which surfaces in the present two writ petitions for determination and consideration is whether the employees of this Court, who appeared for promotion to the post of bench Secretary Grade II, could be compelled to answer their questions in English language only or they can elect to write the answers in Hindi as per their choice and convenience. The controversy, therefore, bolls down to this--whether Hindi can be totally excluded in answering the questions in the departmental e




















































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