Shri. Rajesh S/O. Suresh There And Others v. Director General, Service Selection Board And Another

1107wp3097.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.3097/2016 Shri Rajesh s/o Suresh There and others ...Versus...

Director General, Service Selection Board, New Delhi - 110 011 and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.R. Patil, Advocate for petitioners CORAM : SMT. VASANTI A. NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : 11.07.2016 By this writ petition, the petitioners seek a direction against the respondents to consider the prayer of the petitioners for permission to solve the question papers, that are, required to be solved while competing for the advertised posts, in local Marathi language. The petitioners seek a direction to the respondents to provide such facility to the petitioners, in future. It is the case of the petitioners that they belong to the Scheduled Tribes and hence, like in certain other Central Government Departments, the respondents should also permit the petitioners to solve the answer papers in Marathi language, while selecting the candidates on the various posts, that are advertised. The petitioners had applied for the post of Constable, in accordance with the concerned advertisement, but according to the petitioners, they were not able to effectively solve the

1107wp3097.16.odt question papers in English. The petitioners have therefore sought a direction against the recruiting authority to make a mention in the advertisement that some of the categories of persons could be permitted to solve the question papers in Marathi language. The relief sought by the petitioners cannot be granted, in exercise of the writ jurisdiction. There is no right in the petitioners to seek a direction against the respondents to permit the petitioners to solve the question papers in a local language. All the petitioners possess Post Graduate Degrees. If that be so, the petitioners must be able to solve the question papers in English language, specially when the petitioners are competing for the posts of Constables, Inspectors of Income Tax etc. In the absence of any right in the petitioners to seek the relief, the prayer is liable to be rejected.

In view of the aforesaid, we dismiss the writ petition with no order as to costs.

JUDGE JUDGE Wadkar