ASHIMA DWIVEDI Vs. REGISTRAR GENERAL

JUDGEMENT

(1.) Petitioners, who are three in number, were the applicants for the post of Assistant Review Officer (ARO) in the employment of High Court of Judicature at Allahabad in terms of the Advertisement published on 29.7.2009. PETITIONERS were invited for participation in the Objective Test. They responded thereto by answering the questions put in the prescribed OMR Sheet. After evaluation of the OMR Sheet, it was found that the petitioners achieved 34 marks which was well below the cut of marks calculated as per the ratio of 20 persons against one post for the purposes of further participation in the selections. The last candidate eligible had 58 marks within the category to which the petitioners belong while the petitioners had secured 34 marks. Accordingly the subjective test answer sheets of the petitioners were not evaluated nor they were invited for participation in type list.

(2.) By means of the present writ petition, petitioners seek quashing of the entire selections including declaration of result of the objective test on the ground that question paper had been prepared in English language only and not in Hindi.

(3.) Counsel for the High Court in reply refers to the judgment of the Hon'ble Supreme Court in the case of Hindi Hitrakshak Samiti and others v. Union of India and others, 1990 2 SCC 352, as also upon the Division Bench judgment of this Court in the case of Sunil K.R. Sahastrabudhey v. Director IIT, Kanvur, 1982 AIR(All) 398 He submits that Hindi has not been declared as the official language of the Court till date. Vide Gazette notification dated 10.11.1973, proviso has been added to Rule 8 of Chapter VII of the Allahabad High Court Rules, 1952 wherein use of Hindi in place of English has been made optional in any judgment, decree or order to be passed subject to the condition that the same shall be accompanied by an authorized English translation. In these circumstances the decision of the Hon'ble Judges Committee to hold examinations in English only cannot be faulted with. Such decisions are policy decisions which warrant no interference under Article 226 of the Constitution of India.