SHAIK MUSTAQ AHMED Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner has passed the Intermediate Examination held by the Intermediate Board in March, 1971. He was taught all subjects in High School and also at the Intermediate stage through the medium of Telugu Language. With a view to qualify himself for admission to the Medical college, he took up for study the subjects of Physics, Chemistry, Zoology and Botany.

(2.) The petitioner has given the statistical details about the number of colleges imparting instruction through the medium of telugu language. In the Andhra area of the 198 colleges, English medium is adopted only in 10 colleges. In the Telangana area also in the vast majority of the colleges , English is not the medium of instruction. The petitioner states that at Nidubrolu, where he resides and also in the neighbourhood, the medium of instruction in the colleges is only Telugu. He mentions that fact to lay stress on the position that it has become a matter of necessity for students to accept Telugu as the medium of instruction not as a matter of choice but because of compulsion.

(3.) At the entrance examination held for the purpose of selection of candidates for admission into M.B.B.S. course, the written was conducted through the medium of English. The petitioner complains that the use of English language alone as the medium of the test has resulted in unfavorable discrimination because of his want of familiarity with the precise meaning of many technical terms expressed in English language. He submits that as the question paper was set in English, he could not grasp the true implication of the questions, and although he was not deficient in the knowledge of the subject; his failure to grasp the precise import of the questions has placed him at a disadvantage in comparison with the students who pursued their studies at High School and college through the medium of English language. The petitioner asserts that the conduct of the entrance examination in English language is done without legislative sanction and it is unreasonable and discriminatory. The prayer accordingly is for a declaration that the examination held for the purpose of selection of candidates for admission into the M. B. B. S. Course is illegal and unconstitutional. The petitioner also seeks a direction that the examination should be conducted in accordance with law and through the medium of Telugu for those who have been educated with Telugu as the medium of instructions.