KUMARI MEENA CHITLE Vs. BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) THIS application under Article 226 of the Constitution is by a girl pupil studying in Maharashtra Higher Secondary School, Jabalpur, where the medium of instruction is Marathi. The petitioner is studying in Class-XI, and intends to appear for the Higher Secondary School Certificate Examination to be held in March, 1967. The subjects she has chosen for the Examination are Biology, Physics and Chemistry. On 29th September 1966 the Secretary of the Board of Secondary Education sent a communication to all the Principals of recognized institutions and schools informing them that in accordance with the decision of the Board of Secondary Education (hereinafter referred to as the Board) the question papers at the examinations conducted by the Board in 1967 and thereafter would be set only in English and Hindi. On receipt of this communication, the Principal of the respondent No. 3-school where the petitioner is studying informed her guardian of this decision of the Board and requested him to prepare the petitioner for the examination accordingly. Finding that the Board had rejected the representations of several persons to set papers for several subjects in Marathi for the Higher Secondary School Certificate Examination, 1967, the applicant has now filed this application challenging the validity of the decision of the Board to set papers only in English and Hindi for the 1967 examination. The petitioner prays that the determination of the Board of Secondary Education to set papers for various subjects only in English and Hindi be quashed by the issue of a writ of certiorari and the Board be commanded to set question papers in Marathi also.

(2.) THE applicant says that she has all along been taught the subjects in which she intends to appear at the 1967 examination in Marathi and with the aid of books written in Marathi language; that she is not familiar with the English or Hindi technical terms used in Biology, Physics and Chemistry; and that, therefore, she will not be able to answer the question papers in the aforesaid subjects if they were to be set in English or Hindi; and further if the question papers were not to be set in Marathi language, then the entire purpose and object of teaching the students through the medium of Marathi would be defeated. THE petitioner contends that the Board having recognized the respondent No. 3 school as an institution for preparing candidates for the Higher Secondary School Certificate Examination -with Marathi as the medium of instruction is under a legal obligation to set papers in Marathi language for the benefit of students appearing at the said examination "who have been taught through Marathi medium and that the petitioner has a legal right to claim that the question papers should be set in Marathi.

(3.) IT is obvious from the foregoing statement of the petitioner's case and of the reply of the respondents thereto that the question to be determined in this petition is as regards the validity of the decision taken by the Board on 15 /16th July 1966 to set question papers only in English and Hindi and not any other languages as was done for the examinations held in 1966 and earlier years. This question is of general importance, for it involves a claim by the Board to restrict the language of the papers set for various subjects according to the Board's choice.