- (1.) Heard Sri Mahesh Kumar Tripathi, learned counsel for the petitioner. This writ petition has been filed with Annexures in Hindi. The interim order of a learned Single Judge in writ petition No. 665 of 2007 dated 24th of July, 2012 and another interim order of a Division Bench dated 5th October, 2012 in writ petition No. 51172 of 2012 has been circulated by the Registrar General under the orders of the Division Bench and accordingly the aforesaid two orders have been placed before this Court which are quoted herein under for ready reference: Hon'ble Sunil Hali, J. Counter-affidavit filed by the Secretary, Madhyamik Shiksha Parishad be taken on record. In paragraph 7 of the counter-affidavit, it is stated that all the original records and certified copies regarding the appointment in a sealed cover have been sent to the C.B.C.I.D. for providing necessary information in the matter. Let the report be called from the Investigating Agency, i.e., C.B.C.I.C. indicating progress in the investigation. Counter-affidavit has been filed by the State without providing translated copy of the same in English. The Registry will not entertain any counter-affidavit which is in vernacular language unless translated copy thereof in English is also attached with it in future. The Joint Registrar (Listing) is directed to circulate this information to all concerned persons. Any omission in this behalf would be treated seriously. List this matter on 8.8.2012. A certified copy of this order shall be provided to the learned Standing Counsel for communication to the concerned parties on payment of usual charges. Hon'ble Amitava Lala, Acting Chief Justice Hon'ble Pradeep Kumar Singh Baghel, J. Leave is granted to the learned counsel appearing for the petitioner to file translated copy of the writ petition by next date. It has been decided by one of Hon'ble Judges of this Court sitting Singly (Hon'ble Mr. Justice Sunil Hali) by order dated 24.7.2012 in Writ C No. 665 of 2007 (Ritesh Kumar Trigunayat v. State of U.P. and others) that no affidavit will be filed in Hindi and if it is filed, a translated copy will be provided for the purpose of consideration of the same. The relevant part of the order is quoted herein: "The Registry will not entertain any counter-affidavit which is in vernacular language unless translated copy thereof in English is also attached with it in future. The Joint Registrar (Listing) is directed to circulate this information to all concerned persons. Any omission in this behalf would be treated seriously. Against this background, we are of the view that the observation of the Court has persuasive value. It should be applicable in case of writ petition, criminal and civil proceedings also. This order will be circulated by the Registrar General to all concerned and in case of necessity the Allahabad High Court Rules may be amended to that extent. Let it appear before appropriate Bench. Subject to filing of the translated copy of the writ petition, the matter will be heard."
(2.) It is on account of these orders that the Court found it necessary to deal with the matter as this Court finds that the relevant material in respect of court language including the High Court Rules and the judgments of this Court do not appear to have been placed either before the learned Single Judge or before the Division Bench in order to appreciate the entire controversy in correct perspective.
(3.) For the purpose of understanding the genesis of this dispute, that had arisen on account of the aforesaid orders, reference be had to Article 348 of the Constitution of India which is quoted herein under: 348. Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.--(1) Notwithstanding anything in the foregoing provisions of this Part, until Parliament by law otherwise provides- (a) all proceedings in the Supreme Court and in every High Court, (b) the authoritative texts-- (i) of all Bills to be introduced or amendments thereto to be moved in either House of Parliament or in the House or either House of the Legislature of a State, (ii) of all Acts passed by Parliament or the Legislature of a State and of all Ordinances promulgated by the President or the Governor of a State, and (iii) of all orders, rules, regulations and bye laws issued under this Constitution or under any law made by Parliament or the Legislature of a State, shall be in the English language (2) Notwithstanding anything in sub clause (a) of clause (1), the Governor of a State may, with the previous consent of the President, authorise the use of the Hindi language, or any other language used for any official purposes of the State, in proceedings in the High Court having its principal seat in that State: Provided that nothing in this clause shall apply to any judgment, decree or order passed or made by such High Court (3) Notwithstanding anything in sub-clause (b) of clause (1), where the Legislature of a State has prescribed any language other than the English language for use in Bills introduced in, or Acts passed by, the Legislature of the State or in Ordinances promulgated by the Governor of the State or in any order, rule, regulation or bye law referred to in paragraph (iii) of that sub-clause, a translation of the same in the English language published under the authority of the Governor of the State in the Official Gazette of that State shall be deemed to be the authoritative text thereof in the English language under this article;