Delhi High Court
Shailendra Mani Tripathi vs Unversity Of Delhi & Ors on 28 May, 2014
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 28th May, 2014
+ LPA 407/2014 & CM No.9646/2014 (for stay).
SHAILENDRA MANI TRIPATHI ..... Appellant
Through: Mr. Ratnesh Kumar Shukla, Adv.
versus
UNVERSITY OF DELHI & ORS ..... Respondents
Through: Mr. M.J.S. Rupal, Adv. for Delhi
University
CORAM :-
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
1. This intra-court appeal impugns the order dated 20th May, 2014 of the
learned Single Judge of this Court of dismissal of W.P.(C) No.3104/2014
preferred by the appellant. The said writ petition was filed seeking a
direction to the respondents Delhi University and Dean, Faculty of Law,
University of Delhi to conduct the entrance examination for the LL.B course
scheduled on 8th June, 2014, besides in English language, also in Hindi
language. The basis for seeking such a direction was / is that Union Public
Service Commission and certain Central Universities are holding
examination in Hindi language and that the respondents also conduct
semester examination for the LL.B course in Hindi language.
2. Though the aforesaid arguments appear to be attractive but the learned
Single Judge, rejected the same, and in our opinion rightly so, accepting the
explanation of the University that the University expects the candidates for
the LL.B programme to be familiar with English language, as the medium of
instruction in the Law course is English and the case law is also supplied in
English language. Reliance in this regard was placed on Hindi Hitrakshak
Samiti Vs. Union of India (1990) 2 SCC 352 and The Gujarat University,
Ahmedabad Vs. Krishna Ranganath Mudholkar (1963) Suppl. (1) SCR
112.
3. The counsel for the respondent Delhi University appearing on
advance notice explains that the semester examinations were permitted to be
taken in Hindi on the assumption that the students though may understand
and /or be able to read in English language may not be able to express
themselves properly in English language. It is further explained that while
the semester examinations entails answering essay type questions, the
entrance examination is objective type with the candidates being
required to merely make a choice from the multiple answers given. It is
stated that if the candidates cannot even read or understand English
language, they would not be able to reap benefit of the teaching in English
language or the case material and the other prescribed reading material
which is invariably in English language.
4. We cannot shut our eyes also to the fact that the language of the
Courts, particularly at Delhi, primarily remains English and the judgments of
the Courts are pronounced and reported in English language. Use of English
language is also necessitated owing to the present day policy of transfer of
Judges of the High Court and of the Chief Justice being necessarily from
another Court and who may or may not be versed in the Hindi language.
5. This Court recently in Dinanath Batra Vs. Union of India
MANU/DE/2602/2013 was concerned with the challenge to the preliminary
examination of the Civil Services Examination from the year 2011 onwards
(called Civil Services Aptitude Test) which contains a test of English
Language Comprehension Skills of Class-Xth level worth 22.5 marks on the
ground that the said test of English Language Comprehension Skills
adversely affects the Hindi and other regional language speaking candidates
taking the said exam. The Division Bench of this Court held that there was
no bar, neither in the Constitution of India nor in any other law to selection
for Civil Services on the basis inter alia of a test of English Language
Comprehension. It was further observed that Article 343 itself permitted
continuation of use of English language for 15 years and thereafter also by
law made by Parliament and the Parliament by promulgating The Official
Languages Act, 1963 has, in addition to Hindi provided for continuation of
the use of English language as well. It was yet further held that the
competitive test of English Language Comprehension Skills was necessary
for selection of Civil Servants in the modern scenario.
6. There is thus no merit in the appeal which is dismissed.
CHIEF JUSTICE
RAJIV SAHAI ENDLAW, J
MAY 28, 2014
pp..
