PRATAP PRAKASH JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner has filled in the form for the selection of public prosecutor. The advertisement was issued by the MPSC.

(2.) The learned counsel for the petitioner submits that the petitioner all along has studied in Marathi language. The proceedings before the Courts of Judicial Magistrate First Class (for short 'JMFC') and Civil Judge Junior Division (for short 'CJJD') are normally conducted in Marathi language. Marathi language is a local language. It is incumbent upon the respondent no.1 to conduct the examination in English as well as Marathi language. Even the question papers are to be in both Marathi and English language. The MPSC holds the exam for the selection of the JMFC and for the said exam also the question papers are in Marathi as well as English language. The learned counsel submits that even the Division Bench of this Court in case of Prashant bipin prithiani P. Giri & Ors. v/s. State of Maharashtra & Ors., 2010(5) Mh.L.J. 206 has also observed that "the policy of the State Government has now been implemented by directing Marathi to be a language of the lower Courts. This Court has issued instructions on the administrative side to the lower judiciary to write judgments in Marathi language. In our view, it would be in the fitness of things, if the candidates are given the facility of taking the examination of CJJD & JMFC in Marathi language also and answering the same in Marathi language. We recommend to the respondent no.1 to make the said facility available to the candidate at least from the next examination for selection of subordinate Judicial Officers in the State of Maharashtra (since the policy of the State Government)".

(3.) According to the learned counsel, the petitioner has studied through out in Marathi language. If the petitioner is asked to answer the question paper in English language, the same would be prejudicial to the petitioner. The learned counsel, further, submits that while filling the application, respondents have not clarified that the examination would be in English language. On the contrary, in the advertisement it was clarified that the syllabus, the medium of writing the examination would be published subsequently. The same was published only in May 2022. The petitioner immediately on or about 24/6/2022 gave a representation for conduct an exam in Marathi language also.