Pratap Prakash Jadhav vs The State Of Maharashtra Thru ...
2022 Latest Caselaw 8260 Bom

                    Pallavi                                                          12-wp-10021-2022.doc



                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                   CIVIL APPELLATE JURISDICTION
                                                  WRIT PETITION NO.10021 OF 2022

                               Pratap Prakash Jadhav                                  ... Petitioner
                               V/s.
                               The State of Maharashtra Thr. Chief Secretary and ... Respondents
                               Anr.
                                                              -------------------
                               Mr. Alankar Kirpekar a/w Mr. Susmit Phatale i/b Mr. Metanshu Purandare,
                               Advocate for the Petitioner.
                               Mrs. M.P. Thakur, AGP for the Respondent - State.
           Digitally signed
           by PALLAVI


                                                             ---------------------
           MAHENDRA
PALLAVI    WARGAONKAR
MAHENDRA
WARGAONKAR Date:
           2022.08.24
           16:54:35
           +0530


                                                     CORAM : S.V. GANGAPURWALA &
                                                             MADHAV J. JAMDAR, JJ.

DATED : 23rd AUGUST 2022 P.C. :

1. The learned counsel for the Petitioner submits that in May

notification was issued for conducting examination through MPSC for

recruitment of the Assistant Public Prosecutor. The Petitioner made a

representation on 24th June 2022 to conduct examination in Marathi

language also and no response was issued to present writ petitioner.

2. In fact, the Petitioner ought to have approached the Court

much earlier. The examination is scheduled on 11th September 2022.

3. The learned counsel for the Petitioner submits that for this

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examination at least the Petitioner may be allowed to write answer

paper in Marathi language. The learned counsel refers to the judgment

of the Division Bench of this Court in the case of Prashant P. Giri & Ors.

Vs. State of Maharashtra1.

4. In the said matter, this Court was dealing with the

examinations conducted for selection of Civil Judge, Junior Division

and Judicial Magistrate, First Class. The Division Bench observed

thus :-

"27. Insofar as facility of answering the paper in Marathi or taking the examination in Marathi is concerned, we find considerable merit in the submission of the petitioners in that regard. Since the policy of the State Government has now been implemented by directing Marathi to be a language of the lower Courts, this Court also having issued directions on the administrative side for the lower judiciary to write judgments in Marathi. In our view, it would be in the fitness of things if the candidates are given the facility of taking the examination of CJJD and JMFC in Marathi and answering the same in Marathi. We would recommend to the respondent No.1 to make the said facility available to the candidates at least from the next examination for selection of subordinate judicial officers in the State of Maharashtra.

Since the Rules have only come into force in the year 2008 insofar as ascertaining the knowledge of Marathi is concerned, the requirement prescribed by the said Rules for ascertaining the said knowledge would have to be given a fair run so as to ascertain as to whether

1 2010(5) Mh.LJ.

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review is required to be taken of the said Rules. In our view, therefore, no direction can be issued in that behalf."

5. The learned AGP accepts notice for Respondents and seeks

time to take instructions.

6. Stand over to 29th August 2022.

(MADHAV J. JAMDAR, J) (S.V. GANGAPURWALA, J)

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