Balchandra v. Chief Secretary, Ministry of Personnel
2016-02-12
B.R.GAVAI, P.N.DESHMUKH
body2016
DigiLaw.ai
ORDER : Heard. 2. This petition has been filed by the petitioner seeking directions to quash and set aside the notifications dt. 5-3-2013 and 25-3-2013. The petitioner has also sought a Writ of Mandamus directing the Union Public Service Commission to include 'Pali Literature' as an optional subject for UPSC Main examination, 2015. 3. It is the contention of the petitioner that 'Pali' is an ancient language having a history of 2500 years. It is further submitted that 'Pali Literature' is taught in more than 50 Universities and more than 100 Colleges. It is further submitted that the University Grants Commission has also provided grants for research in 'Pali Literature' to various Scholars. It is, therefore, contention of the petitioner that deletion of 'Pali Literature' from optional subjects was totally arbitrary. 4. In reply, it is the contention of the UPSC that the 'Pali' language came to be deleted as a result of recommendations of Nigavekar Committee. It is submitted that the said Committee had recommended deletion of all foreign languages from the optional subjects except the ones which are included in the 8th Schedule and the English language, which is an official language as per Article 343 of the Constitution of India. 5. It is further contention of the respondents that as to what should be the curriculum for examination is a matter exclusively in the domain of experts and while exercising jurisdiction under Article 226 of the Constitution of India, this Court cannot issue a direction to include a particular subject in the curriculum. It is further submitted by the respondents that the UPSC has also now constituted an Expert Committee called 'Baswan Committee' under the Chairmanship of Mr. B.S. Baswan to examine various issues connected with the Civil Services examination with respect to eligibility, syllabas, Scheme and pattern of examination. 6. It cannot be in dispute that the 'Pali' language has a rich tradition in the Indian Social and religious history. The preachings of Lord Buddha which are thousands of years old are in 'Pali' language. Throughout the world, India is known as "the Land of Lord Buddha". The preachings of Lord Budddha, which originated in India, have travelled worldwide in various parts. It is irony that the language in which Lord Buddha gave his preachings is excluded from the optional subjects which are offered for UPSC examination in India. 7.
Throughout the world, India is known as "the Land of Lord Buddha". The preachings of Lord Budddha, which originated in India, have travelled worldwide in various parts. It is irony that the language in which Lord Buddha gave his preachings is excluded from the optional subjects which are offered for UPSC examination in India. 7. We are of the view that equating the 'Pali' language with other foreign languages like Arabic, Chinese, French, German, Persian and Russian would not be justifiable. However, since an Expert Committee is already visiting the issue, we find that it will be appropriate that the Expert Committee under the Chairmanship of Mr. B.S. Baswan considers the issue regarding inclusion of 'Pali' language in the optional subjects to be offered for UPSC examination. 8. We are aware that any interference at this stage would bring the examination of UPSC for the year 2016 to a standstill. However, we make it clear that the Committee shall consider the issue as expeditiously as possible and within a period of six months from today so that upon decision of the Committee, 'Pali literature' could be included in the UPSC examination for the year 2017. 9. In that view of the matter, we dispose of the petition permitting the petitioner to make a representation to the Expert Committee under the Chairmanship of Mr. B.S. Baswan within a period of two weeks from today. 10. We direct the said Committee to take a decision on the representation of the petitioner within a period of six months from today. 11. We further direct the said Committee to give hearing to the petitioner, who undisputedly possesses expertise in the 'Pali language'. No order as to costs.