F. I. Rebello, J. - (1.)Rule. Heard forthwith.
(2.)The petitioner had approached this Court to challenge the legality and propriety of G.R. dated 29.7.2006 and G.R. dated 25.11.2005 as described in prayer Clause (b) and for a further mandamus to withdraw the said G.Rs. The G.Rs pertain to the revised criteria for regularising posts Page 1093 other than teachers in the private partial/whole time granted Secondary, Higher Secondary Schools, Classes of Higher Secondary/Junior Colleges, Military schools in the State of Maharashtra. The G.R. of 29th July, 2006 is the revised criteria for similar posts. As the matter pertained to creation of post under the provisions of MEPS Act and the Rules framed thereunder, we had issued notice to the State Government as to why considering Article 348 of the Constitution of India, the English translations thereof were not available, as prima facie the said G.Rs were an exercise in subordinate legislation. Under Article 348(1)(b), the authoritative text of all Bills, amendments, Acts and Ordinances as also all Orders, Rules, Regulations and Byelaws issued under the Constitution or under any law made by the Parliament or Legislature of State shall be in the English language. By virtue of Article 348(3), where the Legislature of a State has prescribed any language other than the English language for use in Bills or any other order, rule, regulation or byelaw, the translation of the same in English language published under the authority of the Governor of the State in the official Gazette of the State shall be deemed to be the authoritative text thereof in the English language under this Article.
(3.)In answer to the said notice, Dr. D.K. Sankaran has filed an affidavit. It is pointed out that the Legislature of the State of Maharashtra has enacted Maharashtra Act No. V of 1965 called "the Maharashtra Official Languages Act, 1964" whereby Marathi language is to be the language used for "all official purposes" referred to in Article 345 of the Constitution except for such purposes as the State Government may by Rules, issued from time to time in the Official Gazette specify. By virtue of Section 5 of the said Act, Marathi, from the appointed day which is 26th January, 1965, is to be used in Bills, Acts, Ordinances as also Orders, Rules, Regulations and Byelaws issued by the State Government under the Constitution or the Legislature of the State. It is then pointed out that for the purpose of complying with the requirement of Clause 3 of Article 348 and for the purpose of providing the authoritative text, the Governor of the State has issued an order dated 30th September, 1995 whereby the Secretary to the Law and Judiciary Department or his delegate in certain cases and the Secretary of the Administrative Department concerned or his delegate in the remaining cases have been authorised to publish in the Official Gazette the translation in English language of the 'authoritative text'of the concerned document as set out in the order. A perusal of the said notification would indicate that the Secretary, Law and Judiciary Department or his delegate is authorised to publish in the Official Gazette translation in the English language of the Bills introduced in or Acts passed by the Legislature of the State or the Ordinances promulgated by the Governor in Marathi language as the authoritative text of such Bills, Acts, Ordnances under the said Article. The Secretary of the Administrative Department or his delegate has authority to publish in the Official Gazette, translation in English language of any order, rule, regulation or byelaw issued under the Constitution or under any law made by the Parliament of the Maharashtra Legislature in Marathi language.