IN THE HIGH COURT OF JUDICATURE AT MADRAS
HULUVADI G. RAMESH, RMT. TEEKAA RAMAN, JJ.
P. Aruljothi & Others - Petitioners
Versus
Union of India, & Others - Respondents
W.P. Nos. 33987 to 33989 of 2015 & M.P. Nos. 1,1 & 1 of 2015 & W.P. No. 13021 of 2016
Decided On : 22-11-2017
Pondicherry Official Languages Act, 1965 - Section 4 - Education - Candidates passed in the first level will be allowed to participate in the second level and the candidates passed in the second level will be allowed to participate in the third level - Written examination was held - However, question paper supplied for the written examination was set up only in English language - Held, In the above stated circumstances, while not interfering with the selection process in question, Court hereby observe that the State shall not give room for any such dilemma failing to notify properly about the language in which the questions would be asked, or any other aspects, in the Notification, as stated supra, to provide fair opportunity by strictly complying and to set up the questions papers both in English and Tamil languages, and also to avoid criticism in future. Further, it is seen that which was filed by the petitioner to vacate the interim order granted, a direction was given by a Division Bench of this Court to keep one post of Sub-Inspector of Police vacant and accordingly, one post is kept vacant and out of 41 posts, only 40 posts have been filled up as of now - Said one post which is kept vacant shall be carried forward and be filled up by notifying the same in the subsequent Notification, subject to the rule of reservation, in accordance with law - Petition disposed of.
Huluvadi G.Ramesh, J.
1. These writ petitions have been filed against the order passed in O.A.Nos.198 of 2011, 345 of 2011, 244 of 2012 and 191 of 2011 respectively, dated 04.08.2015.
2. The facts of the case are as under:
The Government of Pondicherry had invited applications to fill up 41 vacancies for the post of Sub-Inspector in the Department of Police vide Notification bearing No.8850/A2/Estt.I/Pol/2010 dated 18.11.2010. The method of selection prescribes three levels for selection, viz. Physical Fitness Test, Physical Efficiency Test and Written Test. The candidates passed in the first level will be allowed to participate in the second level and the candidates passed in the second level will be allowed to participate in the third level. The written examination was held on 06.02.2011. However, question paper supplied for the written examination was set up only in English language. The written test consisted of two parts, and it was conducted in the morning and afternoon sessions, the first part consisting Mathematics, Physical Science, Biology & Human Physiology and Reasoning & Ability and the second part consisting History, Geography, Constitution of India, General Knowledge & Current Event and General English. In the Notification it was stated that the questions would be of objective type and will be of graduate standard. According to the petitioners in all these writ petitions, as per the Recruitment Rules, the written test was to be conducted in accordance with the Standing Orders issued by the Government. According to the Standing Orders, it was mandatory to conduct the test both in English and Tamil, but the official respondents have conducted the test only in English, which had adversely affected the petitioners as they were not conversant with the various terminologies used in English in the objective type questions. According to the petitioners, failure to conduct the examination as per the standing orders and conducting the test only in English, are violative of Right to Equality under Article 14 of the Constitution of India, as the same had infringed their right to write the examination in the regional and official language. The petitioners in W.P.Nos.33987 to 33989 of 2015 have wrote the examination under protest without there being any other option at that point of time.
3. The case of the petitioners in W.P.No.13021 of 2016 is that they had studied in Tamil Medium throughout their school and college studies and that the official respondents have conducted the written examination only in English language contrary to the instructions given in the Standing Order No.2/2002. According to them, when they requested the supervising officer to provide them with the Tamil version of the question paper, some police persons entered the examination hall and forcibly arrested and removed them from the hall and that other candidates were also threatened that they would also be similarly arrested if they refuse to take part in the examination. Thus, their allegation is that framing of questions only in English amounts to denial of fair opportunity to them to take part in the selection and it is violative of the Fundamental Rights guaranteed under Article 16 of the Constitution of India.
4. With the above background, they filed the original applications before the Central Administrative Tribunal, Chennai Bench, Chennai, in O.A.Nos.198 of 2011, 345 of 2011, 244 of 2012 and 191 of 2011.
5. Before the Tribunal, it was argued on behalf of the petitioners in W.P.Nos.33987 to 33989 of 2015 that as per the Recruitment Rules, the written test was to be conducted in accordance with the Standing Orders issued by the Inspector General of Police. According to the Standing Orders, it was mandatory to conduct the test both in English and Tamil, but the official respondents have conducted the test only in English, which had adversely affected them as they were not conversant with the various terminologies used in English in the objective
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