MEENA CHITALE [KUMARI] Vs. BOARD OF SECONDARY EDUCATION M.P.
LAWS(MPH)-1967-2-13
HIGH COURT OF MADHYA PRADESH
Decided on February 06,1967

Meena Chitale [Kumari] Appellant
VERSUS
Board Of Secondary Education M.P. Respondents

JUDGEMENT

P.V.DIXIT,J. - (1.) THIS application under Article 226 of the Constitution is by a girl pupil studying in Maharasthra Higher Secondary School, Jabalpur, where the medium of instruction is Marathi. The petitioner is studying in Class XI, and intends to appear for the Higher Secondary School Certificate Examination to be held in March, 1967. The subjects she bas chosen for the Examination are Biology, Physics and Chemistry. On 29th September 1966 the Secretary of the Board of Secondary Education sent a communication to all the Principals of recognized institutions and schools informing them that in accordance with the decision of the Board of Secondary Education (hereinafter referred to as the Board) the question papers at the examinations conducted by the Board in 1967 and thereafter would be set only in English and Hindi. On receipt of this communication, the Principal of the respondent No.3 school where the petitioner is studying informed her guardian of this decision of the Board and requested him to prepare the petitioner for the examination accordingly. Finding that the Board had rejected the representations of several persons to set papers for several subjects in Marathi for the Higher Secondary School Certificate Examination, 1967, the applicant has now filed this application challenging the validity of the decision of the Board to set papers only in English and Hindi for the 1967 examination. The petitioner prays that the determination of the Board of Secondary Education to set paper for various subjects only in English and Hindi be quashed by the issue of a writ of Certiorari and the Board be commanded to set question papers in Marathi also.
(2.) THE applicant says that she has all along been taught the subjects in which she intends to appear at the 1967 examination in Marathi and with the aid of books written in Marathi language; that the is not familiar with the English or Hindi technical terms used in Biology, Physics and Chemistry; and that, therefore, she will net be able to answer the question papers in the aforesaid subjects if they were to be set in English or Hindi; and further if the question papers were not to be set in Marathi language len the entire purpose and object of teaching the students through the medium of Marathi would be defeated. The petitioner contends that the Board having recognized the respondent No.3 school as an institution for preparing candidates for the Higher Secondary School Certificate Examination with Marathi as the medium of instruction is under a legal obligation to set papers in Marathi language for the benefit of students appearing at the said examination who have been taught through Marathi medium and that the petitioner has a legal right to claim that the question papers should be set in Marathi. In the return filed on behalf of the respondents opposing the petition it is not denied that the medium of instruction in the school where the petitioner is studying is Marathi and that the applicant has been taught the various subjects she has selected for the 1967 examination in Marathi language. The respondents, however, deny that the applicant has any legal right to demand that the question papers should be set in Marathi. They say that - "The suggestion that because the medium is Marathi, therefore, the paper must be set in Marathi language is mischievous. The medium of teaching and answering examination paper is distinct and different from the medium in which paper might be set". It is admitted that question papers bad been set in languages besides English and Hindi for the 1966 examination and the examinations held earlier. But, according to the respondents, it is entirely in the desertion of the Board whether to set question papers only in English or Hindi or any other language. It has been further stated in the return that the petitioner's grievance that she without be able to understand papers set in English and Hindi for Biology, Physics and Chemistry is only imaginary inasmuch as English and Hindi languages are compulsory for all students and even when the medium of instruction is Marathi or any other regional language, technical terms of any subject are taught in English.
(3.) IN regard to the circumstances in which the Board reached the decision on 15/16th July 1966 of setting question papers only in English and Hindi languages, it has been stated that translation of question papers in various languages was mainly responsible for leakage of question papers on large scale as happened at the Higher Secondary School Certificate Examination held in 1966 and it was in order to reduce this risk of leakage that the Board on the recommendation dated 30th June 1966 of the Executive Committee of the Board and the recommendation dated 13th July 1966 of the Curriculum Committee of the Board decided to set and print question papers only in English and Hindi for the 1967 examination and the examinations to be held thereafter. In their return, the respondents have endeavoured to point out the difficulties in making available at this late stage question papers set in languages other than English and Hindi at 414 examination centres when the examination is to commence from 6th March 1967.;


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