O. P. GARG, J. A question of far reaching importance is involved in these writ petitions as to whether the employees on the establishment of the High Court of Judicature at Allahabad can be debarred from writing their answers in Hindi in the departmental promotional examinations. It sound ridiculous that after lapse of half of the century of the commencement of the Constitution of India, the officials of the High Court, which is located in the Hindi speaking bell, are being compelled to write their answers in departmental ex amination in English only. For the better appreciation of the controversy in hand, the background in which the present writ petition have come up before this Court may be come up before this Court may be narrated. The employees who are recruited to the establishment of this Court are governed by the provisions of Allahabad High Court Officers and Staff (conditions of S0rvice and Conduct) Rules, 1976 (hereinafter referred to as "the Rules" ). The promotional avenues arc available to the Lower Division Assistants (for short "ldas") who are initially recruited as Routine Grade Clerks (for short "rgcs" ). There is a promotional post of Bench Secretary Grade II. All those LDAs who have put in ten years continuous service in class III cadre are eligible to appear in the departmental ex amination. By Office Memorandum dated 24-11-1998, applications were invited from the eligible candidates upto 10-12-1998 and the departmental examination was to take place oft 9-1-1999. There was not even a faint suggestion in the Office Memorandum that the candidates who are desirous to take up the proposed examina tion have to write their answers to the various questions only in English lan guage. The rules are also silent on the point. They were surprised to know by seeing the examination paper to which a note was appended that answers are re quired to be given in English language only. This compulsion to write in English had irked the various members of the es tablishment of this Court in general, and the petitioners, in particular. In the present writ petition, the condition thai the answers are to be Written in English language only has been challenged as ar bitrary, illegal and against the specific provisions of the Constitution and the laws made thereunder. In the present writ petition, the condition thai the answers are to be Written in English language only has been challenged as ar bitrary, illegal and against the specific provisions of the Constitution and the laws made thereunder. It is prayed that since the petitioners were deprived of their legitimate right to write answers in Hindi in an arbitrary manner, the entire examination, which had taken place on 94-1999, be quashed as it stood vitiated. According to the petitioners, examination may be directed to be held again and the respondents be commanded not to compel the petitioners to write answers in English language only. On behalf of the respon dents, it has been maintained that in view of the provisions of Article 348 of the Constitution of India, the language of the Court is English and since on the repre sentation of the Employees Association, the committee of two Honble Judges has taken the decision that in view of the duties which are to be performed by the Bench Secretaries knowledge of English language is necessary and, therefore, the condition that the examinees shall answer the question in English language only is not arbitrary, illegal or unwarranted. 2. Heard Sri D. S. Misra as well as Sri V. C. Misra, learned Counsel for the petitioners in the two writ petitions and Sri Sunil Ambwani, appearing on behalf of the High Court and other respondents, as well as learned Standing Counsel on be half of the Slate of U. P. 3. The core question which surfaces in the present two writ petitions for deter mination and consideration is whether the employees of this Court, who appeared for promotion to the post of Bench Secretary Grade II, could be compelled to answer their questions in English language only or they can elect to write the answers in Hindi as per their choice and convenience. The controversy, therefore, boils down to this whether Hindi can be totally excluded in answering the question in the departmental examination for promotion to the post of Bench Secretary Grade II. This will require scrutiny of the various Constitutional provisions regarding the use of Hindi. Parl XVII of the Constitu tion contains provisions with regard to the official language. The controversy, therefore, boils down to this whether Hindi can be totally excluded in answering the question in the departmental examination for promotion to the post of Bench Secretary Grade II. This will require scrutiny of the various Constitutional provisions regarding the use of Hindi. Parl XVII of the Constitu tion contains provisions with regard to the official language. In view of Article 343,hindi in Devnagari script is the official language of the Union of India, but the form of numerals to be used for the official purposes of the Union shall be the inter national form of Indian numerals. How ever, use of English was made permissible for a period of 15 years from the commen cement of the Constitution for all official purposes of the Union. It was a flexible limit for. Parliament could extend it. 4. Hindi has not only been given pride of place in our Constitution but is also the State language of Uttar Pradesh as well as some other States in India. There can be no question of any rivalry between Hindi and English. Hindi necessarily oc cupies the dominant position in such States. In the mid-September this year, Hindi has completed half a century of recognition as the official language of India. The irony is that the year, in fact, means the Golden Jubilee of its failure to become the official language. The failure is much more discernible in the cow-belt where the Hindi is derisively described as lingua franca. 5. The Constitution and the Official Languages Act both give Hindi the status of the official language. However, in reality this has not come about due to a variety of factors including the absence of political will, the eluding consensus in favour of Hindi and the stubborn unwill ingness of the system of governance to abide by the democratic character and the statutes. The elite believes that India can be governed, held together and moder nised only through English, a language known to not more than five per cent of the people of India. It has even succeeded in having politics, media and other sectors accept this, anomaly without any question. The Governments, both at the Cerhre and in the States, had by and large, ignored the issue of language. It has even succeeded in having politics, media and other sectors accept this, anomaly without any question. The Governments, both at the Cerhre and in the States, had by and large, ignored the issue of language. Not only that, Hindi has hardly become the official language even of the Hindi speaking States, by the same token the other Indian languages have also not attained the proper and true statutes of official languages in their respective States. There would be very few languages in the world to have traversed such a vast range in so short a lime. The scintillating vision of a Nirala, the Prem-chandian grasp of ordinary life, the sophis tication of an Agyaeya, the rooledness of a Renu, the classical sweep of Hazari Prasad Dwivedi, the moral fibre of Jainendra Kumar the horrific agonies of a Muk-tiboth the passion and sensuousness of a Shamsher, the relentless questioning of the power discourse by a Raghuvir Sahay, the epical geography of the fictions of a Krishna Sobti, the anger of a Shrikant Verma, the quiet ironies of a Vinod Kumar Shukla etc. are but a few examples of the very wide human, moral and intellectual range covered by Hindi during this period. 6. It would be apposite to mention the following words of Pt. Jawahar Lai Nehru about the magnificence of Sanskrit language, published in an article cap-tioned as "the Question of Language" published in National Hearld dated 13-12-1949: "though I am not a scholar in any lan guage, I have loved the beauty of a language, the music of its phrases, and the magic and power that lie in words. . . . . If I was asked what is the greatest treasure that India possesses, and what is her finest heritage, I would answer unhesitatingly that it is the Sanskrit language and literature. This is a Magnificent inheritance, and so long as this en dures and influences the life of our people, so long will the basic genius of India continue. Apart form its beinga treasure of the past. . . . . . it is a living tradition. " The above observations would apply with equal force to Hindi which has been termed as beauteous daughter of Sanskrit. In the decision of the apex Court dated 4-10-1994 in Civil Misc. Writ Petition No. 1184 of 1989 UP. Apart form its beinga treasure of the past. . . . . . it is a living tradition. " The above observations would apply with equal force to Hindi which has been termed as beauteous daughter of Sanskrit. In the decision of the apex Court dated 4-10-1994 in Civil Misc. Writ Petition No. 1184 of 1989 UP. Hindi Sahitya Sammelan and others v. Ministry of Human Resources Development and another, the Court was faced with a question whether Sanskrit is required to be included in the syllabus of the Central Board of Secondary Educa tion as an elective subject so far as teach ing in Secondary Schools is concerned. The apex Court observed that the learning of Sanskrit was must to decipher the In dian philosophy on which our culture and heritage was based. The Court concluded the matter, by saying that in view of impor tance of Sanskrit for nurturing our cul tural heritage, because of which even offi cial educational policy has highlighted the need of study of Sanskrit, making of Sanskrit alone as an elective subject, while not conceding this status to Arabic and/or Persian would not, in any way, militate against the basic tenet of secularism. A direction was issued 10 include Sanskrit as an elective subject in the syllabus under consideration. 7. The protagonist of the divine Sanskrit and its legitimate heir Hindi declare that Hindi is the language in which their prophets, bards and writer have un ravelled the mysteries of the earth and heaven and taught them to scorn the fleet ing objections of the senses and grow into that spiritual oneness which is the Divine Life. For them Hindi is the language in which Meera Bai sang her ecstatic songs, Tulsi and Surdas invoked their blessed Masters and Jai Shankar Prasad wove his immortal fantasies. " 8. The human geography is changing radically. The hope for Hindi lies in its continuing to manage, in spite of the odds, to handle with maturity and patience the dynamics of change and continuity in its remaining the voice of plurality, of open ness, of innovation, of racial memory ; in its being rooted and yet resilient ; in its persistent resistance to parochialism of any kind and in its acquiring greater con fidence in speaking not only for the Hindi belt but for the whole nation. 9. 9. As regards the official language of the States, Article 345 authorises the Legislature of a State to make a law adopt ing any one or more of the languages in use in the State, or Hindi, as the official lan guage of the State. The official language of Uttar Pradesh Government is Hindi Writ ten in Devnagari script. An enactment to this effect was passed in 1951 and is en titled "the U. P. Official Language Act, 1951". But even prior to that, in 1947, the State Government had declared Hindi as the official language of Uttar Pradesh. 10. The Constitution contains a spe cial directive entitling a person to submit a representation for the redress of his grievance to any officer or authority of the Central Government or a State Govern ment in any of the languages used in the Union or in the State, as the case may be (See Article 350 ). 11. The Constitution also provides for the setting up of a "language Commis sion" at the expiration of five years from the commencement of the Constitution and thereafter another Commission ai Ihc expiration often years from such commen cement, to report on the progressive use ol Hindi for the official purposes of the Union and other connected matters (See Article 344 ). These commissions had been set up at the due time and in pursuance of their recommendations, which were ac cepted for the most part, considerable progress has been made in the use of Hindi for the Official purposes of the Union. Separate provisions have been made in Article 348 prescribing the language of the Supreme Court and "high Court, which shall be considered presently. A reference may also usefully be made to th,e law ap plicable in Uttar Pradesh regarding Hindi and the connected executive instructions to augment the cause of Hindi. After the attainment of Independence, the State Government in October 1947 declared Hindi as the State language of this Pradesh. From time to lime, administra tive orders were issued for the progressive use of Hindi in the official work of the State. The main object of these orders was that the changeover from English to Hindi should be gradual so that the transaction of business may not be impeded. 12. From time to lime, administra tive orders were issued for the progressive use of Hindi in the official work of the State. The main object of these orders was that the changeover from English to Hindi should be gradual so that the transaction of business may not be impeded. 12. After the Constitution of India came into force, the Uttar Pradesh Lan guage (Bill and Acts) Act, 1950 was passed by the State Legislature, whereby all the Bills introduced into, or Acts passed by the Slate Legislature, were to be in Hindi Written in Devnagari script. 13. Thereafter pursuant to Article 345 of the Constitution, the Uttar Pradesh Official Language Act, 1951, was also passed by the State Legislature, whereby Hindi was adopted as the language to be used for all or any of the official purposes of the State. Under Section 2 of it a notification was issued on October 30, 1952, November 1,1952, was appointed as the date with effect from which Hindi in Devnagari script was to be the language in respect of: (i) ordinances promulgated under Article 213 of the Constitution, and (ii) orders, rules, regulations and by, laws issued by the Government under the Constitu tion or under any law made by Parliament or the Legislature of the State. Later, the State Government decided for complete switchover from English to Hindi in all official work of the State. For this purpose Section 2 of the U. P. Official Language Act, 1951 was amended by the U. P. Official Language (Supplementary Provisions) Act, 1968. Further, under the said section, a notification was issued whereby the Government appointed January 26, 1968, as the date with effect from vvsiich Hindi in Devnagari script was to be used in respect of all the official purposes of the State, not cc vered by the earlier notification of October 30, 1952. Under the amended section the Govern ment has also permitted the use of the international form of Indian "numerals" in respect of ali the official purposes of the State. 14. Not only the use of Hindi was made essential in all the official purposes of the State, but executive instructions were also issued on 22-4-1972 that viola tion of the orders for the compulsory use of Hindi for all official work would be treated as an act of indicipline. 14. Not only the use of Hindi was made essential in all the official purposes of the State, but executive instructions were also issued on 22-4-1972 that viola tion of the orders for the compulsory use of Hindi for all official work would be treated as an act of indicipline. Again, on 19-9-1973, Hears of Departments and heads of Offices were instructed to ensure that the orders for the use of Hindi were being strictly complied with and that there was no relaxation of any kind on this score! In December, 1972 instructions were is sued that all official telegrams snould be sent in Hindi, where such facility exists. In April, 1973, it was reiterated that Hindi should always be used in correspondence with the Government of India. In technical and legal matters also, letters are to be sent in Hindi and, wherever it is considered necessary an English translation should be enclosed with it. But in every case the original letter should be in Hindi. 15. Under Section 3 of the Central Official Language (Amendment) Act, 1967, which amended the Central Official Language Act, 1963, it has been provided that where Hindi is used for the purpose of communication between one State which has adopted Hindi as its official language, and another Stale which has not adopted Hindi as its official, language, such com munication in Hindi shall be accon\panied by a translation of the same in the English language. The State Government has is sued instructions that letters which are to be sent to such non-Hindi adopting States with which an agreement to correspond in Hindi has not been made under the proviso to Article 346 of the Constitution, should be in Hindi, but an English transla tion should also be invariably enclosed. Under the above proviso the Stale Government has made agreements to cor respond in Hindi with several Slate Government and Union territories. It will thus be seen that the State Government has made compulsory the use of Hindi for all the official work of the State. 16. There is a separate provision under Article 348 of the Constitution prescribing for the language of the Courts. In view of the provisions of Article 348 (l) (a), Hindi cannot be used in any High Court until a law on the subject is enacted by the Parliament. 16. There is a separate provision under Article 348 of the Constitution prescribing for the language of the Courts. In view of the provisions of Article 348 (l) (a), Hindi cannot be used in any High Court until a law on the subject is enacted by the Parliament. For the interim period, therefore, the language of the High Court continues to be English for most part, but certain executive decision have been taken for the use of Hindi in the High Court also in certain mailers. In the year 1961, the State Government directed that in a criminal case before the High Court, the Advocate could, at his option, address argument in Hindi. This provision was repeated for civil cases in 1 * 66. There after, towards further progress in the use of Hindi in High Court, the State Govern ment in the Language Department issued a notification in Sepiember 1969 (No. 1608/xxi-l 1/59-67 dated 5-9- 1969) providing for the under-noted documents being cast in Hjndi at the option of the party concerned subject to certain condi tions: (a) affidavits submitted to the Court; (b) statements and documents included in paper books of cases before the Courts. Then a further important step was taken on 30-1-1972 by which a Judge of the High Court could use Hindi in the judgment or decree subject to certain condi tions. A Hindi version of the Supreme Court Reports, known as Supreme Court Journal as well as reports of each. High Court are also beingpublished in Hindi under the authority of Union Ministry of Law. A Lexicon of Hindi legal terms has been issued under the authority of the same Ministry. As regard subordinate Courts in U. P. Hindi was declared as offi cial language of U. P. in October 1947. Provision was made for the use of Hindi in subordinate Civil, Criminal and Revenue Courts. In respect of Civil Courts, a notifieation was issued under Section 137 of the Civil Procedure Code and for Criminal Courts, another notification was issued under Section 558 of the Code of Criminal Procedure, as it then stood. In pursuance thereof, work in those Courts was conducted in Hindi generally, though for some time judgments continued to be Written in English. In pursuance thereof, work in those Courts was conducted in Hindi generally, though for some time judgments continued to be Written in English. As for Revenue Courts, the relevant rules were amended so as to provide for pie use of Hindi in the Court of Board of Revenue and the Courts subordinate to the Board. Subsequently in 1970, the U. P. Official Language (Subor dinate Courts) Act, 1970, was passed with placed on directive contained in Article a view to providing ki cater use of Hindi in 351 of the Constitution, which casts a duty subordinate Courts: of the Slate. Notifica tions issued under it provide for judg ments and orders beting Written exclusive- ly in Hindi in the following classes of cases: (a) cases in which a Magistrate could award a sentence of imprisonment up to one year; (b) original cases for the recovery of amount up to Rs. 2,000. In addition, orders have also been issued that all other authorities dealing with judicial or quasi-judicial matters, such as officers of the departments of Revenue, Consolidation of Holdings, Sales Tax should write all their adjudica tions in Hindi. In 1?60, the State Govern ment suggested by writing a letter No. 1217/xxi-98/1960, dated 3-6-1960 to the High Court that if there was no objection, instructions be issued to all the Civil Courts, subordinate to the High Court that those Courts should, as far as pos sible, write their judgments in Hindi in non-complicated cases not likely to go before the High Court. This suggestion was accepted by the High Court which issued the necessary instruction on the suggested lines. Matching instruction were also issued to the Board of Revenue for similar action in respect of revenue cases and to District Magistrate in respect of magistrail and Panchyat Courts. In regards to Pnachayat cases the suggestion was that all judgement be Written in Hindi. By and large, the entire judicial work in the subordinate civil, criminal and Revenue Courts is being transacted in Hindi. 17. Sri D. S. Misra Advocate, a strong protagonist of Hindi, entered a vigorous defence in favour of Hindi for being used in this Court at least, to begin with, on the administrative side. By and large, the entire judicial work in the subordinate civil, criminal and Revenue Courts is being transacted in Hindi. 17. Sri D. S. Misra Advocate, a strong protagonist of Hindi, entered a vigorous defence in favour of Hindi for being used in this Court at least, to begin with, on the administrative side. He referred to the provisions of Article 350-A of the Con stitution which contained a special direc tive that it shall be the endeavour of every State and of every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups ; and the President may issue such direc tions to any Slate as he considers necessary or proper for securing the provisions of such facilities. Emphatic reliance was also placed on directive contained in Article 351 of the Constitution, which casts a duty on the Union: "to promote the spread of Hindi language to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India and to secure its enrichment by assimilating without interfering with its genus, the forms, style and expression, used in Hindus tani and in the other languages of India specified in the Eighth Schedule, and by drawing, wherever necessary or desirable, tor iis vocabulary, primarily on Sanskrit and secondari ly on other languages. " This directive has, for one reason or the other, remained an empty formality. If the salutary directive which finds a prominent place in Chapter XVII of the Constitution of India had received due consideration and weightage, the ques tions which, more often than not, crop up for decision by the Courts with a view to emancipate and to put the mother tongue on a higher pedestal in the heart land of Hindi would not have arisen. 18. Sri Sunil Ambwani, learned Counsel for the respondents repelled the submission made by Sri D. S. Misra and urged that the direction to write answers in English only does not run counter to the provisions of Article 351. He referred to unreported Division Bench decision of this Court inajai Kumar v. Union of India and others, 1990 Lab. I. C. (N. O. C.) 84 (All. ). He referred to unreported Division Bench decision of this Court inajai Kumar v. Union of India and others, 1990 Lab. I. C. (N. O. C.) 84 (All. ). There was an option given to use Hindi as medium to answer General English paper in the departmental ex-subordinate civil, criminal and Revenue amination. Subsequently, the option was withdrawn as it did not yield satisfactory results. It was held that the policy decision taken by the Government did not con travene Articles 351, 14 or 16 of the Con stitution of India. It was observed that proficiency in language other than Hindi, if needed lor efficiency and discharge for official business would not offend against directive principles contained in Article 351 or the same could not be questioned as infringing any right vested on any citizen. Further in the absence of any distinction being made between one candidate and another appearing for the General English paper there could be no dis crimination. 19. In Sunil Kumar Sahastra Budhcy v. Director [it Kanpur, AIR 1982 All. 398 , an Ordinance framed under Section 38 (c) of the Institutes of Technology Act (Act No. 59 of 1961) laid down English as medium of instructions in the IIT. The petitioner insisted to submit his thesis for Ph. D. in Hindi. The claim of the petitioner was tested with reference to provisions of Article 351. It was held that such a claim is not borne out from the provisions of the Constitution. Whether or not the petitioner ought to have been permitted to submit a thesis in Hindi when the same had been accepted as national language was a political question. It was further held that the right of expression conferred under Article 19 (l) (a) of the Constitution cannot be extended to the conferment of right on a citizen to read and study in a particular language that he wants. The right of expression has a dif ferent meaning and is not open for being adopted in the language other than that which is medium of instructions in the institution where admission is sought. To the same effect is the decision of Rajas-than High Court in the case of Umid Singh and others v. Jodhpur University, AIR 1981 (N. O. C.) 204. To the same effect is the decision of Rajas-than High Court in the case of Umid Singh and others v. Jodhpur University, AIR 1981 (N. O. C.) 204. An amendment in the Or dinance No. 35 framed under Section 34 (1) of Jodhpur University Act (Act No. 17 of 1962) was made making English lan guage compulsory for Intermediate Ex amination Certificate in order to obtain admission in Ilnd year T. D. C. of Jodhpur University. It was held that such an amendment is not violative of Article 351 as there was no Constitutional require ment for having education in Hindi and Hindi only and the University should stop studies in other languages. 20. Certain anti-Hindi activities were held to be violative of Article 351. In R. R. Dalavai v. State of Tamil Nadu, AIR 1976 SC 1556, a pension scheme was devised by Tamil Nadu Government granting pen sion to anti-Hindi agitators. This scheme was challenged and ultimately the apex Court held that the scheme contained vice of disintegration and fomenting fis-siparous tendencies and also was without legislative sanction and violative of Article 351. In the case of Union ojindia v. Murasoli Maran, AIR 1977 SC 225 . a Presidential order had been issued for the purpose of p.-omoting spread of Hindi lan guage and to provide Central Government employees the facility to. lake training in Hindi language when they are in service. The petitioner in that case challenged the validity of the Presidential order which challenge was upheld by the High Court. But on appeal preferred against the said decision, the judgment of the High Court was reversed and it was said that the Presidential order did not take away any thing from the Government employees. The pri/es offered were merely incentives. Those incentives were in consonance with Article 344. Again in the VR. V. Sreerama Rao v. Telgu Desam, a political party and others, the provisions of Article 351 came to be interpreted. It appears that an objec tion was taken for the registration of a political organization in the name of Telgu Desam. Telgu is one of the 15 official lan guages recognised under Articles 344 (1) and 351, read with Eighth Schedule to the Constitution. It appears that an objec tion was taken for the registration of a political organization in the name of Telgu Desam. Telgu is one of the 15 official lan guages recognised under Articles 344 (1) and 351, read with Eighth Schedule to the Constitution. Any appeal for all round development of Telgu language, it was ob served, could not be deemed to be anti- national or an endeavour calculated to disrupt the integrity and sovereignty of India, as envisaged under Article 19 (2) of the Constitution. On the other hand, all round development of official language and the culture in the time spirit may, in fact, go a long way to integrate these various culture,which maybe projected as Indian Culture. The argument that the ac tivity of promotion of a particular lan guage as intended was calculated to promote fissiparous tendencies or result ing in disruption of the sovereignty and integrity of India is the product of frustrated mind. 21. Sri Sunil Ambwani made a pointed reference to the celebrated and illuminating Division Bench decision of this Court in the case of Prabandhak Samiti and another v. Zila Vidhyalaya Nirikshak and others, AIR 1977 All 164 , as well as to the decision of Rajasthan High Court in the case of Narendra Kumar v. Rajusthan High Court and others, AIR 1991 Raj. 33 . I have thoroughly studied both these cases and find that they do not run counter ID the point which Sri D. S. Misra for the. petitioner is attempt ing to make out. In Narendra Kumars. case (supra), the question was whether Section 47 of the Rajasthan High Court Ordinance, 1949 will continue to apply after coming into force of Part XVII of the Constitution of Inklia. It was observed that so far as Part KV1i of the Constitu tion of India is concerned, it is relevant part, insofar as official language of the Union including language to be used in the Supreme Court and the High Courts is concerned. After coming into force of the Constitution of India, the provisions of the Constitution of India shall prevail and all provisions of any existing law, insofar as they are incon sistent "with the provisions of the Con stitution of India,;will have no applica tion. Use of Hindi as optional language is not unconstitutional. After coming into force of the Constitution of India, the provisions of the Constitution of India shall prevail and all provisions of any existing law, insofar as they are incon sistent "with the provisions of the Con stitution of India,;will have no applica tion. Use of Hindi as optional language is not unconstitutional. It is in accordance with Section 7 of the Official Language Act, which is not! inconsistent with the Presidential Order under Article 344-B. The Presidential order and the Official Language Act cover different fields. Clause 12 of the Presidential Order with regard to the language of the Supreme Court and the High Courts made certain provisions. In respect of the language of the High Courts, the Presidential order provided that the Ministry of Law may in due course undertake necessary legisla ture to provide for the use optionally of Hindi and-other official languages of States for purpose! of judgments, decrees and orders-will! the previous consentof the President, as suggested by the pommit-tee in modification of the recommenda tions of the Commission. It appears that in order to give effect to the -aforesaid Presidential order the Official Language Act was made by the Parliament in the year 1%3 and Section 7 which was enatted, " reads as under: "as from the appointed day or any day thereafter the Governor of a State may with the previous consent of the president authorise the use of Hindi or the official language of the State in addition to the English language, for the pur poses of any judgment, decree or order. passed or made by the High Court for that State and where any judgment decree or order is passed or made in any such language (other than the English language) it shall be accompanied by a translation of the same in the English language issued under the authority of the High Court" 22. In the case of Prabandhak Samiti (supra) a petition had been drafted in Hindi in Devnagari script and presented before this Court under Article 226 of the Constitution of India. A question arose whether such a petition could be enter tained and adjudicated upon by the High Court. In the case of Prabandhak Samiti (supra) a petition had been drafted in Hindi in Devnagari script and presented before this Court under Article 226 of the Constitution of India. A question arose whether such a petition could be enter tained and adjudicated upon by the High Court. In that case, the question was not in respect of passing of judgment or decree or order in accordance with the Govern ment Order made under clause (2) of Ar ticle 34 of the Constitution but the ques tion was only in respect cf adjudication of the petition presented and written in Hindi. The Court posed a question as to whether language can be employed for the use of the Courts and that the matter can not rest on Articles 343 and 345 of the Constitution and must ultimately be decided on the basis of provisions of Ar ticle 348. The Court examined the scope of clause (2) of Article 348 of the Constitu tion of India and said that it is clear from its terms and until the Parliament enacts a contrary law, the proceedings in the Supreme Court and High Courts are en joined to be in English language, The Court said that as regards the High Court, clause (2) empowers the Governor to per mit use of Hindi in pleadings and argu ments and the documents filed and once a Governor issues such notification, an in-" dividualcan "file such petition Written in Hindi under Article 226 of the. Constitu tion of India. Under clause (2) ef Article 348 of the Constitution of India, therefore, /governor of a State with the previous con-sent of the president could authorize the use of Hindi language in the proceedings in Hindi Court but this power of Governor was not extended to any judgment and decree passed or made by the High Court, and therefore, it is only in accordance with. the provisions of Official Language Act and more so, its Sections 6 and 7 for the optional use of Hindi Written in Dev-nagari script has been permitted. 23. the provisions of Official Language Act and more so, its Sections 6 and 7 for the optional use of Hindi Written in Dev-nagari script has been permitted. 23. The field which Hindi occupies in its historical retrospect came to be sur veyed in the decision of Prabandhak Samiti (supra) in which it was said that the transition from one official Court lan guage to another whether it be under the impact of political freedom or the efflores cence of nationalist sentiment or both, is often proceeded by grave misgivings, ap prehensions, and even open or veiled hos tility. The traditionalists feel aggrieved by what they regard as an invasion into entrenched territory. The reformers, on the other hand, are intolearni of what they are prone to regard as the tyranny of a foreign language. They are only too eager to hail the drawn of a new linguistic era. The history of the world bears witness to this precarious phenomenon of one Court language being replaced by another. The other observations are highly revealing and valuable and clinch the issue. I cannot but do better to reproduce paragraphs 12 and 16 of the decision which are likely to reverberate and guide the destiny of Hindi as a Court language: " (12) The progress of Hindi in its march towards the goal of becoming the language of the Courts in the State of Uttar Pradesh synchronizes with the various steps taken in pur suance of Article 348 (2 ). It may be noticed that whereas clause (1) of Article 348 contemplates some law to be enacted by the Parliament clause (2) of the same Article achieves its object through the instrumentality of orders issued by the Governor of the State. The proviso to that clause is to the effect, that nothing in this clause shall apply to any judgment, decree or order passed or made by such High Court. In other words, barring the items mentioned in the proviso, the use of Hindi language in proceed ings in the High Court can be authorised by means of an order passed by the Government of the State concerned under Article 348 (2 ). In other words, barring the items mentioned in the proviso, the use of Hindi language in proceed ings in the High Court can be authorised by means of an order passed by the Government of the State concerned under Article 348 (2 ). This provision vividly reflects the foresight and policy of the framers of the Constitution which was not to let the use of Hindi in the law Courts in the States be delayed or deferred until Parliament by law provided that all proceedings in the High Courts should be in Hindi or any other official language of the State. Thus, the intention of an expeditious substitution of Hindi for the English i language for use in all proceedings in the High Court in the State of Uttar Pradesh can be clearly culled from the provisions of Article 348 (2 ). (13 ). . . . . . . . . . . . . . (14 ). . . . . . . . . . . . . (15 ). . . . . . . . . . . . . . (16) Thus, on a proper interpretation of the notification dated 5th September, 1969 made under Article 348 (2) there can be no manner of doubt as to the legality of a writ petition being drafted in Hindi in Devnagari script and filed for adjudication in High Court in the State of Uttar Pradesh. In fact, the language of the notification is wide enough to cover all pleadings, including plaints. Written statements, writ petition and also other documents, which are required to be filed in such proceedings. It is also clear from the various measures already taken to which we have referred in our judgment that the law as it now stands does not empower a Judge of our High Court while hearing a case to stop a litigant or his Advocate from making the arguments in Hindi, if he so desires. It is also equally clear that it is open to a Judge of the High Court hearing a case to pass his judgment or decree or order in Hindi, if he so chooses, but he cannot be compelled to do so. In case, how ever he passes an. order or decree etc. It is also equally clear that it is open to a Judge of the High Court hearing a case to pass his judgment or decree or order in Hindi, if he so chooses, but he cannot be compelled to do so. In case, how ever he passes an. order or decree etc. in Hindi, the only limitation still imposed upon him is that it must be accompanied by a translation of the same in the English language by the authority of the High Court. This sums up the present legal position with regard to the use of Hindi in proceedings in the High Court. " 24. The misfortune of Hindi is that on the one hand, it has been bypassed by the State, on the other, it has been betrayed by its own evergrowing champions. In spite of the decision in the case of Prabandhak Samiti (supra), by which it has been firmly laid down that in view of the notification issued by the Governor of Uttar Pradesh under Article 348 (2) of the Constitution, use of Hindi with certain limitation is per missible. Sri Sunil Ambwani urged that Section 7 of the Official Language Act abrogates the provisions of Article 348 (1) as regards the judgment and decrees and substitute in its place a requirement that the judgment and decrees should be ac companied by English translation authen ticated by High Court. Placing reliance on paragraph 23. 10 of HM Seervais Con stitutional Law of India, 1996 Edn. Vol III, page 2585, which runs as follows: "23. 10. If the unity of the judicial ad ministration and of the Bench and the Bar is to be preserved, it is to be hoped that such permis sion will not be given. Entry 78, List I expressly confers on Parlianlent the power to legislate in respect of persons entitled to practise before the High Courts. The Advocates Act, 1961 has created a unified autonomous Bar of India. Today the legal profession is one united profes sion entitled to practise throughout India. If the language of different High Courts is to)be dif ferent, the right to practise throughout India becomes illusory in practise and each High Court will be isolated by the barrier of its own language. Today the legal profession is one united profes sion entitled to practise throughout India. If the language of different High Courts is to)be dif ferent, the right to practise throughout India becomes illusory in practise and each High Court will be isolated by the barrier of its own language. It will also be deprived of the assis tance to be derived from judgments of other Courts, and the uniform interpretation of Central laws, so desirable in judicial administra tion, would be unattainable. The work of the Supreme Court and the recruitment of Judges to the Supreme Cqurt must greatly suffer, for Judges of the Supreme Court could not be recruited from High Courts where the language was different from that spoken in the Supreme Court. The unifying influence of a Supreme Court on judicial administration would be seriously impaired,; if not destroyed, and the quality of its Judges and of its judgments must necessarily suffer. " , It was maintained that it would not be proper and expedient if IL. DAs of this Court appearing in the promotional ex amination of Bench Secretary Grade II are permitted to elect Hindi in writing their answers. A reference was made to para graphs 4 and 5 of the counter-affidavit, which has been sworn by Sri T. M. Khan, Officer on Special Duty in the Registry of this Court. In paragraph 5 of the counter- affidavit, it has been averred that for hold ing competitive examination for Bench Secretary II 98, vide advertisement dated 24-11-198 held on 9-1-1999. Honble the Chief Justice constituted committee con sisting of Honble A. K. Banerji and Honble J. C. Misfrra, JJ. The committee was of the view that knowledge of English language and speaking efficiency should be upto the mark, therefore, the commit tee prescribed that the answers of the said examination should be given in English language. The committee further prescribed a translation passage from Hindi to English for 50 marks to judge the suitability of English language of the can didates. Prior to it according to the averments made in paragraph 4 of the counter-affidavit in the Bench Secretaries Ex aminations of 1989, the examinees were asked that all questions should be answered in English Language. The committee further prescribed a translation passage from Hindi to English for 50 marks to judge the suitability of English language of the can didates. Prior to it according to the averments made in paragraph 4 of the counter-affidavit in the Bench Secretaries Ex aminations of 1989, the examinees were asked that all questions should be answered in English Language. In the next examination in 1992 a representation dated 18-6-1992 was given by the Employees Association of this Court to the Honble the Chief Justice requesting that the question papers for Written ex amination be set both in English and Hindi languages and the candidates ap pearing in the said examination should be permitted to write their answers either in English or in Hindi. The aforesaid repre sentation was forwarded to a committee constituted by Honble the Chief Justice. The committee of Honble S. P. Srivastava, J. and Honble B. P. Singh, J. (as their Lordships then were) considered all the aspects and turned down the request by detailed orders dated 13-7-1992 and 14-7-1992. A copy of the report of the aforesaid Committee, on the representation of the , Employees Association of this Court has also been brought on record as Annexure C. A.-l to the counter-affidavit. For ready reference the relevant portion of the report is reproduced: "the duties attached to the post of Bench Secretaries require on adequate knowledge of the Rules of the Court which are in English language. Further for the discharge of the duties attached to the said office in an efficient manner it appears necessary to have a fair knowledge of the English language. In the circumstances, therefore, the pur pose of the competitive examination in question cannot be effectively served in case the option sought for in the representation is permitted. " 25. As said above, the examination for promotion to the post of Bench Secretary Grade II is conducted under the provisions of the Rules. The Rules are silent on the point of use of language. Sri Sunil Ambwani, however, pointed out that under Rule 41 of the Rules, residuary powers vest in the Chief Justice to make such orders, from time to time, as he may deem fit in regard to all matters incidental or ancillary to the Rules not specifically provided for in the Rules or in regard to matters as have not been sufficiently provided for. No specific order of Honble the Chief Justice has been placed before this Court to indicate that in exercise of power conferred under Rule 41, Honble the Chief Justice has directed that the answers to the questions shall be Written in English language only by the candidates appearing for promotional examination for the post of Bench Secretary, Grade II. Rejection of the representation of the Employees Association by the committee of two Honble Judges of this Court can not be treated to be an order of Honble the Chief Justice within the parameters prescribed in Rule 41 of the Rules. Even if for the sake of argument, the aforesaid order passed by the committee rejecting the representation of the Employees As sociation is treated to be an order passed for and on behalf of Honble the Chief Justice, falling within the ambit of provisions of Rule 41 of the Rules, it would, in the background of the legal posi tion, tated above and hereinafter, not withstand the test of scrutiny. It would be too genteel for this Court to make a dis course upon the vast and all pervading powers of Honble the Chief Justice under Rule 41 of the Rules for effectively propelling the mechanism of the Service Rules, governing the establishment of this Court, nevertheless, one can expect that any order passed by His Lordship Honble the Chief Justice has to accord the parameters of the Constitutional provisions and the law as interpreted in various decisions, including the present one. 26. It is true that a Bench Secretary should have the knowledge of English lan guage as mostly the work of the Court is transacted in English language ; the cause list is printed in English ; pleadings and documents are by and large, in English ; decisions cited on behalf of the parties are also in English ; learned Counsel for the parties also address the Court and make their submissions and arguments, more often than not, in English and the majority of decisions of the Court are also delivered in English. In these circumstances the necessity of proficiency in English on the part of a Bench Secretary cannot but be over emphasized. The knowledge of proficiency in English of a candidate, aspiring for promotion to the post of Bench Secretary Grade II is tested by in variably giving a passage for translation from Hindi to English. In these circumstances the necessity of proficiency in English on the part of a Bench Secretary cannot but be over emphasized. The knowledge of proficiency in English of a candidate, aspiring for promotion to the post of Bench Secretary Grade II is tested by in variably giving a passage for translation from Hindi to English. Half of the total marks of the paper are assigned to the translation part of the question. Not only this it would be highly unrealistic if the candidates recruited to the feeder source (RGCs) by using Hindi in writing their answers are required to write their answers in the departmental promotional examination in English only. In the ex pending horizon of Hindi as Court lan guage, it would not be proper to compel the examinees to write the answers of other questions in English language only. As said above presentation of the petitions drafted in Hindi is permissible ; certain documents in Hindi may also be filed and there is no bar if arguments are made by the Counsel in Hindi. It is also permissible to write judgments in Hindi. The use of Hindi as optional language in judgments, decrees and orders of this Court in addi tion to English cannot be said to be in contravention of any provision of the Con stitution of India, rather it is an accord ance with the provisions of Official Lan guage Act, which has been made by the Parliament having the authority to do so. Accordingly, by notification No. 35/x-c-S, dated 24-1- 1972 published in U. P. Gazette dated 10-11-1973, the following proviso has been inserted to Rule 8 of Chapter VII of the Allahabad High Court Rules, 1952: "provided that Hindi may be used in place of English on optional basis, in any judgment, decree or order to be passed by the Court. Such judgment decree or order shall be accompanied by an authorised English translation thereof. " Insertion of the aforesaid proviso is intended to give impetus for using Hindi language in the Official work of this Court. It is clearly in keeping with the provision of Article 351 of the Constitution of India which, as said above, cast a duty to promote the spread of Hindi language to develop it so that it may serve as medium of expression for all the elements of com posite culture of India. It is clearly in keeping with the provision of Article 351 of the Constitution of India which, as said above, cast a duty to promote the spread of Hindi language to develop it so that it may serve as medium of expression for all the elements of com posite culture of India. Sri D. S. Misra, learned Counsel for the petitioners rightly pointed out that in the examinations for recruitment of the Judicial Officers to the cadre of Provincial Civil Service (Judicial) and Higher Judicial Service, use of Hindi in writing answers is permissible. Some of the Judicial Officers, in due course of time, by virtue of their seniority and perfor mance, are elevated as High Court Judges. According to Sri Misra, the post of Bench Secretary, or for that matter, any other post in the Registry of this Court, is much lower in ladder, on the top of which is a High Court Judge, and therefore, it would be highly imprudent not to permit the class III employees of this Court to write their answers in Hindi language on op tional basis. The submission is that in the conspectus of the vast developing changes and yearning and eagerness to promote Hindi language, this Court on its ad ministrative side would do well to lift ban on writing the answers in Hindi language. Hindi should be made as the elective lan guage to write the answers. The examinees should be left free to elect Hindi or in English writing answers. As a matter of fact, such practice was prevalent in this Court prior to the examinations of 1989. It was only in the examination which was held in 1989 that the candidates were com pelled to write their answers in English language only. It is not understandable as to under what circumstances, this compul sion came to be engrafted for the first time in the examinatibns of 1989 and onwards, particularly wh^n in all the earlier ex aminations, the examinees had the option to write their answers either in English or in Hindi. The stream of our culture would get dried if we were to discourage use of Hindi and that too on the most untenable grounds, stated above. 27. The stream of our culture would get dried if we were to discourage use of Hindi and that too on the most untenable grounds, stated above. 27. A sumniation of the above discus sion leads to the following irresistible con clusions: (i) under the; provisions of Article 351 of the Constitution, all out attempts have to be made for promotion, spread, development and growth of Hindi language as a medium of ex pression for all the elements of composite cul ture of India; (ii) in spite of the fact that official language of the Court, as contemplated under Article 348 (1) of the Constitution is Englisn. Article 348 (2) enables the Governor, with the previous consent of the President, to authorise use of Hindi or of the official language to be used in the High Court of the State; (iii) Section 7 of the Official Language Act, 1963 abrogates the provisions of Article 348 (1) as regards judgments, decrees, and or ders and substitutes in its place the requirement that the judgment] decree and orders should be accompanied by an English translation authenti cated by High Court. (iv) the State Government has by issuing a proper notification dated 5-9-1969 under Ar ticle 348 (2) of the Constitution, authorised the use of Hindi in this Court and in view of law as interpreted in Prabandhak Samitis, case (supra), the pleadings including plaints written statements, writ petition and other documents may be prepared and filed in Hindi and the law now, as it stands does not empower a Judge of this Court while hearing a case to prohibit the litigant or his advocate from making arguments in Hindi, if he/she so desires; (v) it is also clear that it is open to a Judge of this Court, hearing a case, to pass judgment, decree or order in Hindi, if he/she so chooses, though he/she cannot be compelled to do so; (vi) the Allahabad High Court Rules, 1952 have been suitably amended with a view to promote the use of Hindi in this Court; (vii) Rules (Allahabad High Court Of ficers and Staff (Condition of Service and Con- duct) Rules, 1976) are silent on the point as also there is no specific order of Honble the Chief Justice prohibiting use of Hindi in writing the answers, which he could do by invoking the provisions of Rule 41 of the Rules (subject to the condition that the same is otherwise not uncon stitutional or against any other law); (viii) in the examinations held prior to 1989, use of Hindi language to write the answers was not prohibited and there does not appear to be any sound basis for putting an embargo on the use of Hindi language for the first time in the examinations of 1989 onwards and, lastly; (ix) knowledge and proficiency in English of the eligible candidates is sufficiently tested by prescribing a compulsory question of translation from Hindi to English. 28. In view of the above conclusions, the writ petition have to succeed. The use of Hindi language in writing the answers in the departmental Examination to the promotional post of Bench Secretary Grade II has been illegally prohibited. Now the question is whether the petitioners, in the circumstances of the case, can be granted any relief. The Ex amination of 1999 is already over, the results have been declared and the suc cessful departmental candidates are fully saddled on the promotional posts. Now the question is whether the petitioners, in the circumstances of the case, can be granted any relief. The Ex amination of 1999 is already over, the results have been declared and the suc cessful departmental candidates are fully saddled on the promotional posts. It is not necessary to put the ongoing cart in the reverse gear, particularly in view of the fact that successful candidates who have been promoted and are bound to be affected by any direction if made operative from retrospective effect, have not been arrayed as party to this writ petition. The petitioners have to rest contended with the feeling and realisation that they have been successful in championing the cause of Hindi. It should be their endearing solace. 29. In the result, both the writ peti tions are allowed only to the extent that in future eligible candidates appearing in the examination for the promotional post of Bench Secretary Grade II shall not be compelled to write their answers in English language only. They shall have the option either to write their answers in English or in Hindi language and to give effect to this direction the question papers shall be bilingual. Petitions allowed. .