LPA No.150 of 2009 1
IN THE HIGH COURTOF PUNJAB AND HARYANA, CHANDIGARH.
LPA No.150 of 2009 in
CWP No. 1820 of 2009
Date of decision:16.3.2009
Silak Ram and others ...Appellants.
vs.
State of Haryana and others
..Respondents.
CORAM: HON'BLE MR.JUSTICE J.S.KHEHAR.
HON'BLE MR.JUSTICE NAWAB SINGH.
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Present: Mr.Kartar Singh Malik, Advocate, for the appellants.
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J.S.KHEHAR,J. (Oral)
Through the instant appeal the appellants have impugned
initiation of the process of selection at the hands of the respondents to the
Haryana Civil Services Examination. The claim of the appellants in the writ
petition which has been declined by a learned single bench of this Court
pertains to requiring the respondents to pose questions in Hindi rather than
English.
The solitary contention advanced by the learned counsel for the
appellants is based on the averments made in paragraph 4 of the writ
petition. Paragraph 4 of the writ petition is being extracted hereunder:-
“That the respondents wrongly shall be set the Literature paper
in English only but in all the Haryana State Hindi is a
compulsory subject and it is the national language of the India,
it is mother tongue of the State of Haryana and petitioner read
all the subject upto matric in Hindi Language and in Haryana
State all the Govt. schools upto the matric teaches Hindi in all
the Literature and the action of the respondents is totally
against the interest of the petitioners and against the student of
LPA No.150 of 2009 2the state and in the State of Haryana only about 5-10% student
do his study upto matric from English Medium”.
It is the vehement contention of the learned counsel for the appellants, that
the appellants were domiciles of Haryana, and had qualified their
matriculation examination by taking their examination in the language of
Hindi. Hindi being their mother tongue, as also the national language of this
country, the question papers of the optional subjects, as well as, general
papers should be set in Hindi, so as to enable the appellants to respond to
them effectively. On account of the fact that question papers are set in the
English language, it is submitted, that the appellants being not conversant
with the technical words in the English language cannot answer the question
papers effectively.
We have considered the solitary contention advanced by the
learned counsel for the appellants. The learned Single Judge while
disposing of CWP No. 1820 of 2009 vide order dated 5.2.2009, had clearly
noticed, that the eligibility condition for taking Haryana Civil Services
Examination is graduation, and as such, merely on account of the fact that
the appellants had answered their questions upto matriculation in Hindi,
would not justify a claim, that the question papers should be set in English.
It is also clear that all the appellants were sufficiently acquainted with the
English language, so as to enable them to understand the questions posed
in the Haryana Civil Services Examination. In this behalf, the learned
Single Judge while disposing of CWP No.1820 of 2009 had expressly
noticed, that the first petitioner i.e., the appellant No.1, had acquired the
qualification M.Phil in Philosophy, the 2nd petitioner, i.e., appellant No.2
possessed a of Master’s degree in Philosophy, and the third petitioner i.e.,
LPA No.150 of 2009 3
appellant No.3, possessed a Doctoral degree in Philosophy, it was
accordingly concluded, that the appellants were well versed with the
knowledge of English language, so as to understand the questions posed to
them in the Haryana Civil Services Examination, as the appellants had
pursued their academic career after qualifying the matriculation
examination in English. We find no infirmity in the aforesaid conclusion.
No other contention has been advanced by the learned counsel for the
appellants.
For the reasons recorded hereinabove, we find no merit in the
instant appeal, and the same is accordingly dismissed.
( J.S.Khehar)
Judge
(Nawab Singh )
Judge
March 16, 2009
rk