SYED SHAMIM AHMAD MADNY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ application, by way of public interest litigation, the petitioners have prayed for issuance of an appropriate direction upon the respondents particularly the respondent no.4, the Jharkhand Academic Council (in short "Academic Council") to evaluate the answer papers written in Urdu, Bengali and Oriya by the script examinee in non-language subject at the intermediate (+2) level examination held in 2010 and further to declare Rule 20 of Regulation for Examination approved by the Jharkhand Academic Council illegal and ultra vires as the same is violative of the rights guaranteed under the Constitution.

(2.) The Jharkhand Academic Council was established in the State of Jharkhand under the provisions of Jharkhand Academic Council Act, 2002 for holding and conducting examination at the intermediate level and also for prescribing courses of studies for different examinations. The Council in the year 2005 by virtue of the provisions of Sections 27(b) and (c) of the Act, made a regulation called "Regulation for Examination", which was approved by the Jharkhand Academic Council in its meeting held on 19.2.2005. By the said Regulation the students appearing at Intermediate (+2) level examination has to answer the questions in Hindi and in English only in non-language subject and they were debarred from answering the non-language subject in Urdu, Bengali and Oriya. It is stated that although the Regulation was made in 2005 but the same was never given effect to and students were allowed to answer the non-language subject paper in their mother tongue i.e. Urdu, Bengali and Oriya. However, all of sudden the Academic Council decided to enforce the abovesaid Rule 20 of the "Regulation in Examination". Because of the said decision about 30 thousand examinee's answer sheets written in their mother tongue have not been evaluated and they were awarded zero mark.

(3.) The Academic Council in their affidavit have stated that as per Regulation 20 only in cases of Secondary Examination a candidate may answer the question in English, Urdu, Bangali and Oriya but at the Inter (+2) level, question is to be answered in Hindi and English in non-language subject. However, it is admitted by the Council that although the Regulation was made in 2005 but there was no direction of the Council not to allow the students of Intermediate (+2) to answer the subjects of non-language papers in their mother tongue. It has further been admitted by the Council that Urdu has been notified as official language in the year 2007 but the Regulation was framed in the year 2005.