Research › Search › Judgment

Jharkhand High Court · body

2010 DIGILAW 610 (JHR)

Syed Shamim Ahmad Madny v. State of Jharkhand

2010-05-17

M.Y.EQBAL, R.R.PRASAD

body2010
Order M. Y Eqbal, J.- 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 above said Rule 20 of the "Regulation in Examination". Because of the said decision about 30 thousand examinees' 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. 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. 4. We have heard learned counsel appearing for the parties and perused the decision taken by the Council. 5. In course of argument, Mr. Anwar very fairly submitted that although regulation was made in the year 2005 but it was not given effect to and even after 2005 students were allowed to answer the non-language papers in their mother tongue. Referring the counter affidavit, learned counsel submitted that recently the Academic Council in its meeting dated 30.3.2010 unanimously resolved to send recommendation to the State Government for amendment of the provisions of Regulation 20, which debars the students from answering the subject of non-language papers in Urdu, Bengali and Oriya like Secondary Board Examination. It was also resolved to send the resolution to the Government for approval. 6. Admittedly the Intermediate Council before conducting the examination never informed the students appearing in the examination through newspaper or by sending notices to the schools for implementation of the Regulation 2005 which was never implemented since then. In the aforesaid premises all of a sudden after the students answered the non-language subjects in their mother tongue, the said Regulation cannot and shall not be implemented. The decision of the Intermediate Council is, therefore, wholly arbitrary and unjustified. 7. We, therefore, without going into the vires of the provisions of Regulation, direct the Intermediate Council to evaluate the answer papers written in Urdu, Bengali and Oriya by the examinees in non-language subjects at the Intermediate level examination held in 2010. After evaluating the answer-sheets result must be publish within a period of two months from today. 8. With the aforesaid observation and direction, this application stands disposed of. R.R. Prasad, J.-I agree. .