- (1.) This writ petition has been filed challenging the vires of Clause 6 of Appendix III to Rule 13-A of the Punjab Civil Service (Executive Branch) Rules, 1976. The petitioner who had cleared the preliminary examination and is due to sit in the main written examination (Punjab State Civil Services Combined Competitive Examination 2009) has questioned the validity of the aforesaid provisions of the Regulations under which a candidate has an option to write his answers either in English or Punjabi and furthermore a compulsory paper in Punjabi with 100 marks has been prescribed.
(2.) The challenge primarily is founded on the basis of the provisions contained in Chapter XVII of the Constitution, particularly, Article 343 which declares that the official language of the Union shall be Hindi in Dev Nagri Script. The petitioner has also contended that the purpose of competitive examination is to secure the best talent available and keeping in mind the said object the option of writing the answers in English or Punjabi has no nexus with the object that is sought to be achieved.
(3.) The basis on which the writ petition has been structured overlooks the provisions of the Punjab Official Languages Act, 1967 (hereinafter referred to as the 'Act') by which the official language of the State has been declared to be Punjabi. Under Section 6 of the Act continuance of the English language for such time that the contingency mentioned in the said Section does not arise has also been visualized. Thereafter, the use of English language is permissible under the State Act and the Punjabi is the official language of the State. We, therefore, do not see how the option of writing the answers in either of the languages i.e. English or Punjabi or the prescription of a mandatory paper in Punjabi can be faulted. It is, therefore, our considered view that the requirements spelt out by Appendix III to the Rules ibid are in conformity with the State Act and no question of breach of any of the Constitutional provisions contained in part XVII would arise.;