HINDI HITRAKSHAK SAMITI Vs. UNION OF INDIA
LAWS(SC)-1990-2-34
SUPREME COURT OF INDIA
Decided on February 26,1990

HINDI HITRAKSHAK SAMITI Appellant
VERSUS
UNION OF INDIA Respondents





Cited Judgements :-

ENGLISH MEDIUM STUDENTS PARENTS ASSOCIATION STATE OF KARNATAKA VS. STATE OF KARNATAKA:CHANNAGIORAOI TALUK URDU SCHOOLS BETTERMENT COMMITTEE [LAWS(SC)-1993-12-30] [RELIED ON]
CENTRE FOR SOCIAL JUSTICE JANVIKAS VS. UNION OF INDIA [LAWS(GJH)-2000-3-7] [REFERRED]
BHARATIYA JANATHA YUVA MORCHA STATE GENERAL SECRETARY VS. CHIEF SECRETARY A P STATE GOVT SECRETARIAT HYD [LAWS(APH)-1997-12-21] [REFERRED TO]
AMARESH KUMAR VS. LAKSHMIBAI NATIONAL COLLEGE OF PHYSICAL EDUCATION GWALIOR [LAWS(MPH)-1996-7-57] [REFERRED TO]
ANJUMAN E TARREQI VS. STATE OF KARNATAKA [LAWS(KAR)-1999-12-30] [FOLLOWED ON]
STATE OF KARNATAKA VS. B KRISHNA BHAT [LAWS(KAR)-2000-3-9] [REFERRED TO]
UNION OF INDIA VS. STATE OF GUJARAT [LAWS(GJH)-2003-6-18] [REFERRED]
M MURALEEDHARAN NAIR VS. STATE OF KERALA [LAWS(KER)-1990-4-4] [REFERRED TO]
INDIAN MEDICAL ASSOCIATION NANDURBAR BRANCH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2001-7-133] [REFERRED TO]
K R RAMASWAMY ALIAS TRAFFIC RAMASWAMY VS. STATE OF TAMIL NADU [LAWS(MAD)-2007-8-342] [REFERRED TO]
THERVOY GRAMAM MUNNETRA NALA SANGAM REG NO 87/09 VS. UNION OF INDIA [LAWS(MAD)-2009-9-385] [REFERRED TO]
K DEVAIAH VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-2012-5-2] [REFERRED TO]
DINANATH BATRA VS. UNION OF INDIA [LAWS(DLH)-2013-5-442] [REFERRED TO]
BHAGAT KALICHARAN MAKHIJANI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2015-4-195] [REFERRED TO]
SHANEELKUMAR S SHAH VS. STATE OF GUJARAT [LAWS(GJH)-1996-8-45] [REFERRED TO]
BENJAMIN AMITKUMAR RAJKUMAR VS. GUJARAT PUBLIC SERVICE COMMISSION [LAWS(GJH)-2001-8-54] [RELIED UPON]
SHAMSHAD PATHAN CONVENER VS. STATE OF GUJARAT THRO THE SECRETARY [LAWS(GJH)-2012-1-68] [REFERRED TO]
ASHIMA DWIVEDI VS. REGISTRAR GENERAL [LAWS(ALL)-2011-7-142] [REFERRED TO]
THAKUR PRASAD SINGH VS. STATE OF U P [LAWS(ALL)-2011-11-4] [REFERRED TO]
A X VARGHESE VS. UNION OF INDIA [LAWS(KER)-1991-2-24] [REFERRED TO]
Anjuman Taraqqi-e-Urdu Jharkhand VS. State of Jharkhand [LAWS(JHAR)-2011-11-48] [REFERRED TO]
RUTVJ WAZE AND ORS. VS. UNION OF INDIA AND ORS. [LAWS(MPH)-2015-2-201] [REFERRED TO]
D.M.WAYANAD INSTITUTE OF MEDICAL SCIENCES VS. UNION OF INDIA [LAWS(SC)-2015-7-55] [REFERRED TO]
H.B. LALL VS. THE STATE OF PUNJAB [LAWS(P&H)-1993-2-70] [REFERRED TO]
AYUSH TIWARI VS. FACULTY OF LAW & ORS [LAWS(DLH)-2018-5-346] [REFERRED TO]
HARI R NAIR VS. DIRECTOR GENERAL, PANCHDEEP BHAWAN , ESI CORPORATION HQ OFFICE [LAWS(KER)-2018-7-125] [REFERRED TO]


JUDGEMENT

Sabyasachi Mukharji, C. J. - (1.)This is an application under Art. 32 of the Constitution of India for issue of a writ of mandamus directing the Central Government to hold pre-medical and pre-dental entrance examinations in Hindi and other regional languages as, according to the petitioners, mandated by Art.29(2) of the Constitution of India. The petition is by nine petitioners Petitioner No.1 is Hindi Hitrakshak Samiti which is stated to be a society formed with the aim and object of propagating and ensuring the propagation of the national language' Hindi and other regional languages; and to further the cause of the citizens of India who are educated in any one or more of the languages and who face difficulty in competitive examinations in which the medium of examination is English only.
(2.)Petitioners Nos. 3 to 10 are the students who allege that they wish to appear in the coming PMT/PDT examinations in Hindi or other regional languages and are being adversely affected and discriminated against, and will be in a disadvantageous position in the forthcoming PMT/PDT examination in comparison to those who have passed the higher secondary or equivalent examination with English as their medium of instruction. The petition seeks issue of writ directed against the Union of India, Central Board of Secondary Education and Medical Council of India.
(3.)It is stated that in the year 1974 there was a Survey by National Council for Educational Research and Training (NCERT) which, according to the petitioners, showed that out of the students passing intermediate, about 92.5% take their examination in Hindi and other regional languages. The petitioners allege that Kothari Commission's report on Civil Services Examination had recommended that the examination papers be set both in English and Hindi and the examinees should have a choice of answering them in English, Hindi or any of the 15 regional languages constitutionally recognised. It was stated that it was also noteworthy that the Kothari Commission's report had recommended that Hindi and other regional languages in Universities would be necessary in order to make use of the best potential available in the country. In 1986 this Court in the case of Dr. Dinesh Kumar v. Motilal Nehru Medical College, Allahabad, (1986) 3 SCC 727 dealt with certain aspects of admission to the Medical College, but not on the present -aspect. Letters and representations to the Ministry of Health and Family 'Welfare, by the petitioners were made on 23rd Sept., 1988 requesting the Government to consider conducting the PMT/PDT examinations in Hindi and other regional languages. It is stated that a letter was issued on 10th Dec., 1988 by the Government of India to the effect that the Joint Engineering Examination (JEE) for the five I.I .Ts. and the Engineering College of Banaras be conducted in Indian languages from 1990 onwards. The petitioners assert that they had received numerous letters and grievances from Students. with Hindi medium background to press for this instant petition.
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