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The Court noted that the policy of the State Government of promoting Marathi, should be implemented 'in letter and spirit', and directed the next examination to be conducted in both the languages.
The division bench of Justice Gangapurwala and Justice R.M Laddha, of the Bombay High Court, directed the state government to conduct the Maharashtra Public Services Commission exams in English and Marathi.
In the present case, the petitioner had applied for the exam of the public prosecutor. During the application in May 2022, the medium of the exam was not disclosed. In June 2022, it was informed by the state the exam will be conducted in English medium.
It was the case of the petitioner that he had studied the Marathi language all along. The proceedings in the court of Judicial Magistrate First Class and Junior Civil Judge are conducted in Marathi, and since the local language is Marathi, the state must conduct the examination in both English as well as in Marathi. The petitioner also cited the 2010 judgment of the Bombay High Court, wherein the court had directed the state to conduct exams in Marathi also, and make apply it hereon.
The AGP submitted before the court that the state will consider conducting exams in Marathi from the next subsequent examinations. He argued that there are 7700 candidates appearing, and it is only the petitioner who has raised such an objection. While concluding his arguments, the AGP stated that, it will be difficult to find an examiner to assess the answer paper in the language.
The High Court while disposing of the petition noted, that the exams are scheduled for 11th September, and it will be difficult to pass any orders. The High Court cited the 2010 judgment of Prashant P. Giri & Ors. v/s. State of Maharashtra & Ors 2010(5) Mh.L.J. 206 and stated that:
“It cannot be comprehended that even after 12 years, the Government is still searching for the examiners to assess the answer papers in the Marathi language. The Government ought to have been serious in implementing the said judgments in its letter and spirit. The Government cannot say that for the examination of the JMFC facility can be provided for answering in Marathi language and for the examination of Public Prosecutor the same facility would not be provided.”
The court directed the state government to conduct the next examination in the Marathi language and disposed of the petition without cost.
Case Title: Pratap Prakash Jadhav. vs. The State of Maharashtra and Anr
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