Research › Search › Judgment

Allahabad High Court · body

2007 DIGILAW 2806 (ALL)

RAKESH KUMAR SHARMA v. REGISTRAR GENERAL, HIGH COURT OF JUDICATURE AT ALLAHABAD

2007-11-21

S.RAFAT ALAM, SUDHIR AGARWAL

body2007
JUDGMENT By the Court.—Heard learned Counsel for the petitioner and Sri Amit Sthalekar, learned Counsel for the respondents. 2. In the instant writ petition, the petitioner has come up for issuance of a writ of mandamus commanding respondent to supply the question papers of General Knowledge and Law of HJS Exams-2007, which are scheduled to be held from 23.12.2007 in Hindi also. 3. Learned Counsel for the petitioner submits that the petitioner has applied for selection and appointment in the U.P. Higher Judicial Services and has been issued admit-card to appear in the examination with roll No. 2254. It is submitted that since in the aforesaid examination, the candidates have choice to answer General Knowledge and Law papers either in Hindi or in English, therefore, the candidates intending to give answer in Hindi may bear confusion regarding questions if the questions are not given in Hindi also, and, as such, a mandamus may be issued commanding the respondents to give Hindi version also of the aforesaid question papers. 4. On the other hand, Sri Amit Sthalekar has produced the application form of the petitioner in which in clause 18(B) the petitioner has stated that he is proficient in English. He, therefore, submits that once the petitioner has admitted that he is proficient in English, there appears to be no reason to insist for providing Hindi version also of the question papers. 5. Learned Counsel for the petitioner does not dispute the fact that the petitioner is proficient in English. In the writ petition also, in para-4, he has stated that if the question papers are given in English only and Hindi version is not provided, the other persons participating in the examination may bear confusion regarding questions. He, thus, has not claimed any difficulty for himself. We are, therefore, of the view that the petition is misconceived and no relief can be granted to the petitioner. 6. Before parting, we may also observe that here is a case where the petitioner, admittedly, is a candidate for recruitment and appointment in U.P. Higher Judicial Service. Once appointed, he will be a member of the cadre of Higher Judicial Service where he will have to discharge judicial functions, which includes appellate and revisional jurisdiction over the judgments of the Civil Judges (Junior & Senior Divisions) besides the original jurisdiction. Most of the Statutes are in English. Once appointed, he will be a member of the cadre of Higher Judicial Service where he will have to discharge judicial functions, which includes appellate and revisional jurisdiction over the judgments of the Civil Judges (Junior & Senior Divisions) besides the original jurisdiction. Most of the Statutes are in English. The judgments cited by the learned Counsels, if that of Supreme Court, they are all in English and mostly the judgments of the High Court are also in English. If a person does not understand a question in English correctly or properly, we fail to understand as to how he will be able to effectively understand the statutory provisions and the authorities of High Court and Supreme Court, which are in English, in order to correctly adjudicate the complicated civil, criminal and other disputes. In U,P., since the documents, which come as pleadings and evidence in the Subordinate Courts, are normally in Hindi and even the witnesses etc. depose their statements in Hindi, therefore, a provision has been made requiring a member of Higher Judicial Service to be proficient in Hindi, but that does not mean that he should not be proficient in English. If one is not proficient in English and is not able to understand English version of questions correctly, such a person cannot be said to be fit for selection and appointment in Higher Judicial Service. 7. Moreover, the attempt of the petitioner at this stage to approach this Court and file this writ petition does not appear to be bona fide inasmuch examination is going to be commenced from 23.11.2007 and it is understandable that the entire arrangement for the said examination must have already been made. Any request, like the present one, at this stage, if accepted, would result in postponement of the aforesaid examination, which would not be in the interest of either litigant public at large or for dispensation and administration of justice inasmuch a very large number of Courts are lying vacant due to non-availability of Judicial Officers. Recruitment of Judicial Officers at the earliest is the need of time and there should not be any attempt to delay the said recruitment, particularly on the basis of such frivolous litigation. 8. The writ petition is, accordingly, dismissed in limine. ————