ORDER Dixit, C.J. 1. This application under Article 226 of the Constitution is by a girl pupil studying in Maharasthra 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 bas 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 paper 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 the is not familiar with the English or Hindi technical terms used in Biology, Physics and Chemistry; and that, therefore, she will net 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 len 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. In the return filed on behalf of the respondents opposing the petition it is not denied that the medium of instruction in the school where the petitioner is studying is Marathi and that the applicant has been taught the various subjects she has selected for the 1967 examination in Marathi language. The respondents, however, deny that the applicant has any legal right to demand that the question papers should be set in Marathi. They say that- "The suggestion that because the medium is Marathi, therefore, the paper must be set in Marathi language is mischievous. The medium of teaching and answering examination paper is distinct and different from the medium in which paper might be set". It is admitted that question papers bad been set in languages besides English and Hindi for the 1966 examination• and the examinations held earlier. But, according to the respondents, it is entirely in the desertion of the Board whether to set question papers only in English or Hindi or any other language. It has been further stated in the return that the petitioner's grievance that she without be able to understand papers set in English and Hindi for Biology, Physics and Chemistry is only imaginary inasmuch as English and Hindi languages are compulsory for all students and even when the medium of instruction is Marathi or any other regional language, technical terms of any subject are taught in English. 4. 4. In regard to the circumstances in which the Board reached the decision on 15/16th July 1966 of setting question papers only in English and Hindi languages, it has been stated that translation of question papers in various languages was mainly responsible for leakage of question papers on large scale as happened at the Higher Secondary School Certificate Examination held in 1966 and it was in order to reduce this risk of leakage that the Board on the recommendation dated 30th June 1966 of the Executive Committee of the Board and the recommendation dated 13th July 1966 of the Curriculum Committee of the Board decided to set and print question papers only in English and Hindi for the 1967 examination and the examinations to be held thereafter. In their return, the respondents have endeavoured to point out the difficulties in making available at this late stage question papers set in languages other than English and Hindi at 414 examination centres when the examination is to commence from 6th March 1967. 5. It is obvious from the foregoing statement of the petitioner's case and of the reply of tile respondents thereto that tile 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. 6. In order to see how far this' claim is tenable, it is necessary to refer to the material provisions of the Madhya Pradesh Secondary Education Act 1959 (hereinafter referred to as the Act) and the Regulations intituled "the Board of Secondary Education, Madhya Pradesh Regulations, 1959, made thereunder (hereinafter called the Regulations). The preamble to the Act says that it is "An Act to consolidate and amend the law relating to the establishment of a Board to regulate Secondary Education in Madhya Pradesh". Section 8 of the Act defines the powers of the Board constituted thereunder. The preamble to the Act says that it is "An Act to consolidate and amend the law relating to the establishment of a Board to regulate Secondary Education in Madhya Pradesh". Section 8 of the Act defines the powers of the Board constituted thereunder. The Board has, inter alia, powers to prescribe courses of instruction in such branches of Secondary Education as it may think fit; to admit to its examinations, on conditions that may be prescribed, candidates who have pursued the pH scribed courses of instruction; to recognise institutions whether situated in or outside Madhya Pradesh for the purposes of admitting them to the privileges of the Board; and to do all other things ancillary to any of the purposes specified in section 8, or for the purpose of carrying into effect the provisions of the Act. By section 20 it is provided that the Board shall appoint the Committees enumerated therein. These Committees include an Examination Committee, a Curriculum Committee and an Executive Committee. Under section 21 the Board can delegate its powers by Regulations to the Committees constituted under section 20. Section 21 says- "21. Exercise of powers delegated by Board to Committees, etc. All matters relating to the exercise by the Board of powers conferred upon it by this Act which have, by Regulations been delegated by the Board to any Committee appointed under section 20 shall stand referred to that Committee, and the Board before exercising any such powers shall receive and consider the report of the Committee with respect to the matter in question: Provided that where in the opinion of the Board immediate action is necessary with respect to any such matter, it may proceed to deal with it without the report of the Committee in respect thereof and pass such orders thereon as it considers necessary". Section 22 gives to the Board the power to make regulations for the purpose of carrying into effect the provisions of the Act and in particular for providing for any of the matters enumerated in section 22 (2). In exercise of this power to make regulations, the Board can make regulations providing, inter alia, for the conditions of recognition of institutions for the purposes of admission to the privileges of the Board, the conditions under which candidates shall he admitted to the examinations of the Board and the conduct of examinations. 7. In exercise of this power to make regulations, the Board can make regulations providing, inter alia, for the conditions of recognition of institutions for the purposes of admission to the privileges of the Board, the conditions under which candidates shall he admitted to the examinations of the Board and the conduct of examinations. 7. Turning to the Regulations, the duties of the Curriculum Committee have been defined in Regulation 2 of Chapter IX of the Regulations. Those duties include the duty "to recommend the number of question papers to be set in each subject after receiving recommendations from the Committees of Courses concerned". The duties of the Examination Committee are to by found in Regulation 3 of Chapter XII of the Regulations. It is the duty of the Examination Committee, subject to overall supervision and control of the Board "to consider all matters arising out of the conduct of examinations, and to make recommendations, when necessary, to the Board". The powers and duties of the Executive Committee have been specified in Regulation 4 of Chapter XIII of the Regulations. The Executive Committee is the executive body of the Board and its powers and duties defined in Regulation 4 relate to matters having a bearing on the administrative functioning of the Board. Clause (j) of Regulation 4 of Chapter XIII of the Regulations, however, provides that "except when otherwise provided for by the Act or Regulations", the Board shall have the power to "regulate, determine and administer all matters concerning the Board and to this end to exercise other powers of the Board not otherwise provided for", It must be mentioned here that there is no express provision either in the Act or in any of the Regulations made thereunder with regard to medium or media of instruction or dealing with the language of the questi0n papers set for the various examinations conducted by the Board. 8. It will be seen from section 21 of the Act that where the Board has by Regulations delegated to any Committee constituted under section 20 of the Act any matters relating to which the Board can exercise powers under the Act, then that matter stands referred to that Committee and in legend to any such delegated matter the Board can exercise its powers only after receiving and considering the report of the Committee concerned with respect to the matter in question. It is only when the Board thinks that immediate action is necessary with respect to any such delegated matter that it can deal with it on its own without the report of the Committee to whom the matter has been delegated. 9. Now, the matter of the language of question papers has not been delegated by the Board to the Curriculum Committee. Learned Advocate General referred us to Regulation 2 (c) of Chapter IX of the Regulations which says that it shall be the duty of the Curriculum Committee to recommend the number of question papers to be set in each subject after receiving recommendations from the Committees of Courses concerned, This provision clearly deals with the number of question papers to be set in each subject and not with the number of languages in which any question paper for any subject is to be set. It is clear from the Prospectus for the examination in question that in many subjects two or three papers are to be set. The number of papers in each subject depends upon the extent of course and syllabus in that subject. The reference in Regulation 2 (c) is to such number of question papers and not to the number of question papers according to the number of languages in which they are set. 10. In our opinion, the matter of the language or languages in which the question papers are to be set belong to the province of the Examination Committee. It is the duty of the Examination Committee, subject to ever all supervision and control of the Board, to consider "all matters arising out of the conduct of examinations, and to make recommendations, when necessary, to the Board". The expression "all matters arising out of the conduct of examination" is wide enough to include the matter of the language or languages in which question papers for various subjects are to be set. As this matter has been delegated by the Board to the Examination Committee, the Executive Committee is not competent to take any decision in regard to it. The subject of the language of question papers does not fall under any of the powers and duties enumerated in clauses (a) to (i) of Regulation 4 of Chapter XIII of the Regulations. As this matter has been delegated by the Board to the Examination Committee, the Executive Committee is not competent to take any decision in regard to it. The subject of the language of question papers does not fall under any of the powers and duties enumerated in clauses (a) to (i) of Regulation 4 of Chapter XIII of the Regulations. It does not also fall under clause (j) for that clause gives to the Executive Committee the power to regulate, determine and administer only those matters which have not been otherwise provided for in the Act or the Regulations If, as we think, the matter of language of question papers fell within the purview of the field of the Examination Committee, then it is obvious that in the matter the Executive Committee could not take any decision or make any recommendation to the Board. 11. Here, it is plain from the return filed on behalf of the respondents and the Annexures R-6, R-7 and R-8 thereto that the decision to set question papers only in English and Hindi for the 1967 examination was taken by the Board not on the recommendation of the Examination Committee but on the recommendations of the Executive Committee and of the Curriculum Committee, Both these Committees, as pointed out earlier, had no jurisdiction at all in the matter of language of question papers. The recommendations made by them were, therefore, invalid and on such invalid recommendations the Board could not, having referred to the provisions of section 21 of the Act, take any decision. In the matter of language of question papers, the Board could have taken a decision only after receiving and considering the report of the Examination Committee. There is nothing before us to show that this matter was first considered by the Examination Committee and then that Committee made a recommendation to the Board. On the contrary, it has been categorically stated in the return that the decision of the Board was based on the recommendation of the Executive Committee and the Curriculum Committee. The proviso to section 21 no doubt gives to the Board the power to take a decision on its own without awaiting for the report of the Committee concerned if it thinks that immediate action is necessary. But this was not the way in which the Board took the decision under challenge. The proviso to section 21 no doubt gives to the Board the power to take a decision on its own without awaiting for the report of the Committee concerned if it thinks that immediate action is necessary. But this was not the way in which the Board took the decision under challenge. The Board acted on the recommendation of the Executive Committee and the; Curriculum Committee and did not at any time purport to exercise the power conferred by the: proviso to section 21 while reaching, the decision that for the 1967 examination question papers would be set only in English and Hindi. The decision of the Board to set question papers in English and Hindi cannot, therefore, be held to be a valid decision reached in accordance with the provisions of the Act and the Regulations. 12. If, as we are inclined to think, the decision of the Board reached on 15/16th July 1966 to set question papers only in English and Hindi is not valid, then it follows that the Board must adhere to its previous decision of setting question papers in Hindi, English, Marathi and Urdu. That previous decision, which is incorporated in the Prospectus for the Higher Secondary School Certificate Examination, 1967 (Annexure R.5 to the return) has not been challenged before us. The Prospectus is only a publication containing detailed information regarding the examinations conducted by the Board and the courses as finally approved and sanctioned by the Board. This is clear from Regulation 7 of Chapter VI and Regulation 1 of Chapter XXIII. The Prospectus is thus only informatory of the decisions taken by the Board, in regard to examinations, courses, etc. It has been stated at page 4 of the Prospectus that: "The medium of examination shall be any of the recognised languages. But question papers may be set only in Hindi, English, Marathi and Urdu except in languages where the question papers shall be printed in the language offered as a subject." 13. It has been stated at page 4 of the Prospectus that: "The medium of examination shall be any of the recognised languages. But question papers may be set only in Hindi, English, Marathi and Urdu except in languages where the question papers shall be printed in the language offered as a subject." 13. Learned Advocate General, relying on this statement to be found in the Prospectus, argued that the use of the word "shall" in connection with the medium of examination and of "may" in connection with the language of question papers showed that the word "may" could not be read as imposing an obligation to set question papers in all the four languages, namely, Hindi, English, Marathi and Urdu, and that it was in the discretion of the Board whether to set question papers in all these languages or any of them. We are unable to accede to this contention. It is no doubt true that in the Statement from the Prospectus reproduced earlier, the use of the word "shall" with respect to one matter and the use of the word "may" with respect to another leads to the conclusion that the word "may" has not been used in a compulsive sense. But the discretion which has been conferred on the Board is not in the matter of selection of the language of question papers from amongst the four languages, namely, Hindi, English, Marathi and Urdu, but is as regards the choice between recognized languages on the one hand and the four languages, namely, Hindi, English, Marathi and Urdu, on the other. This is clear from the use of the qualifying word "but" by way of contract while saying "But question papers may be set only in Hindi, English, Marathi and Urdu". The word "only" emphasizes the fact that question papers are not to be set in any language other than the four languages. It is noteworthy that the statement under discussion contained in the Prospectus does not say that question papers may be set in any of the languages, namely, Hindi, English, Marathi or Urdu It provides that question papers may be set only in Hindi, English, Marathi and Urdu. 14. It is noteworthy that the statement under discussion contained in the Prospectus does not say that question papers may be set in any of the languages, namely, Hindi, English, Marathi or Urdu It provides that question papers may be set only in Hindi, English, Marathi and Urdu. 14. Learned counsel for the petitioner suggested that "examination" meant the process of testing knowledge or ability by questions and that if the medium of examination was any of the recognized languages, then it would necessarily followed that the question papers must also be in that recognized language. The short answer to this contention is that the comprehensive meaning which learned counsel sought to give to the word "examination" has been curtailed by the word "But" with which the statement in the Prospectus, namely, "question papers may be set only in Hindi, English, Marathi and Urdu" begins and which statement follows the earlier statement, namely, "The medium of examination shall be any of the recognized languages". 15. In this view of the matter, it is not necessary to consider the larger question whether when in accordance with the Act and the Regulations made thereunder an institution is accorded recognition for imparting education in certain subjects through a certain medium of instruction, there is an obligation on the part of the Board to set question papers in that medium of instruction for the benefit of candidates appearing from that school at the examination or examinations for which recognition has been granted. The difficulties in the matter of setting question papers in Hindi and English as well as in Marathi and Urdu on which much stress has been laid in the return are not insuperable. After all, question papers used to be set in these languages until last year. It may be that in the process of translation there was leakage of question papers in some years. But the remedy or eliminating or reducing the risk of leakage of question papers is to tighten up the entire machinery and process of the setting, translation, printing and distribution of question papers. To stop setting question papers in certain languages is no cure for the in of leakage of question papers and is virtually to adopt the course of destroying the body for curing the disease with which it is afflicted. To stop setting question papers in certain languages is no cure for the in of leakage of question papers and is virtually to adopt the course of destroying the body for curing the disease with which it is afflicted. It has been said in the return that in order to enable candidates appearing at the examination to understand question papers set in English and Hindi. The Board has directed that "at every centre of regional languages a glossory and an invigilator knowing the subject and also the regional language be made available for the facility of the examinees". This course appears to us one of making a new disease to cure or hide an old one". 16. The suggestion that as Hindi and English are compulsory subjects students should be able to understand question papers set in various subjects in English and Hindi languages is fallacious. The fallacy lies in assuming that anyone familiar with a language as it is spoken and written is able to understand without any difficulty that form of that language which is used in a technical subject. In order to understand a technical subject in any language it is not sufficient to know merely a few technical terms of that language used in relation to the subject. It is also necessary to know the structure and form of the language which is current for expression of thoughts in the scientific-subjects. This may be illustrated by the question papers set in English, Hindi and Marathi in Physics (Group D), Second Paper, at the Higher Secondary 1966 Examination. One of the English was:- "Prove the formula 1/v – 1/u = 1/f for a convex lens". The rendering of this question in Hindi was thus:- ^^mUurksnj rky dk lw= 1/5 – 1/u = 1/f LFkkfir dhft,^^ The same question translated in Marathi question paper was thus:- ^^1@iz & 1@i ¾ 1@d gs lq= ckº;xksy fHkaxklkBh fl) djks^^- The language and structure of the afore stated question in Physics set in the three languages differs so widely from language to language that it is altogether unreasonable to think that a student taught Physics through Marathi medium should be able to understand the question set in Hindi or English language. Many people are very proficient in English language but very few of them can understand the language spoken by mathematicians and scientists or the following definition given in an English Act of the "illuminated area" of a tail-lamp, namely:- "'illuminated area' means in relation to a lamp the area of the orthogonal projection on a vertical plant at right angles to the longitudinal axis of the vehicle of that part of the lamp through which the light is emitted." It is, therefore, furtile to say that as the petitioner is conversant with English and Hindi, she should be able to understand question papers set in English and Hindi for Biology, Physics and Chemistry even though she is being thought these subjects through Marathi as the medium of instruction. 17. For all these reasons, this petition is allowed. The decision dated 15/16th July 1966 of the Board of Secondary Education that for the 1967 Higher Secondary School Certificate Examination question paper would be set only in English and Hindi is quashed. The Board is directed to set question papers for the aforesaid examination in Hindi, English. Marathi, and Urdu, according to its earlier decision incorporated in the Prospectus published for the 1967 Higher Secondary School Certificate Examination. The petitioner shall have costs of this application from the respondents Nos. 1 and 2. Counsel's fee is fixed at Rs.200. The outstanding amount of the security deposit shall be refunded to the petitioner.