BINAY KUMAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The deletion of Maithili language is an issue in the present writ petition. This writ petition makes a grievance that once Maithili had been inserted for being offered as a subject in a public examination conducted by the Bihar Public Service Commission, the withdrawal of the language was an exercise which was unconstitutional, illegal and arbitrary. Unfortunately, the cause for this exercise was another writ petition which is connected with the present writ petition.

(2.) The controversy is best understood by the communication which places on record the excuse for deleting the subject Maithili as a language in the examinations conducted by the Bihar Public Service Commission. This order of the State Government, in itself places the facts on record and the issues which sprang out of the Government order runs thus :

(3.) From the Government order of 29 February, 1992 itself, it is clear and on record that a case pending at the High court (C.W.J.C. No. 6582 of 1991 : Rakesh Kumar v. the State of Bihar) became a cause to withdraw Maithili language as a subject from the syllabus of the examination. Clearly, either the State ought to have waited for the decision of the High Court or left the matter as it is.Merely because a matter was pending at the High Court could not offer ready excuse to the State to withdraw Maithili language as a subject in the examinations conducted by the Bihar Public Service Commission. This was an exercise in politics.