Disposed

C/M Quadeer Husain Inter College and Another v. State of U P and 3 Others

Allahabad HC11 Feb 2020WRIC/4585/2020

Case brief

AI extract

What is this about?

The Court held that printing examination papers only in Hindi violated statutory regulations requiring bilingual (Hindi and English) papers for non-language subjects. A direction was issued to the Board to provide bilingual papers to the petitioner institution for the forthcoming exam, while refraining from a general mandamus due to time constraints affecting lakhs of students.

What did the court decide?

The Board is directed to furnish question papers in both Hindi and English to the petitioner institution for the forthcoming board examinations.

C/M Quadeer Husain Inter College and Another Vs… — Service and Employment | Allahabad HC (2020)

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Court No. - 39

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Case :- WRIT - C No. - 4585 of 2020

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Petitioner :- C/M Quadeer Husain Inter College And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Shivendu Ojha,Radha Kant Ojha (Senior Adv) Counsel for Respondent :- C.S.C.

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Hon'ble Ashwani Kumar Mishra,J.

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Petitioner institution has approached this Court with the grievance that the respondent Board while conducting the forthcoming board examinations is not adhering to Regulation7 Chapter-XIII of the Regulations framed under the U.P. Intermediate Education Act, 1921, as per which the Board is required to print papers in all subjects except languages in 'Hindi' and 'English' both. Cognizance of such grievance has been taken in the matter and following orders were passed on 7.2.2020:-

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"Submission is that the order impugned is contrary to Regulation-7 Chapter-XIII of the Regulations framed under the U.P. Intermediate Education Act, 1921.

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Learned Standing Counsel prays for and is allowed three days time to obtain instructions in the matter.

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Post as fresh on 11.2.2020."

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Learned Standing Counsel has obtained instructions from the Secretary of the Board and it is stated that the students of the petitioner-institution would be furnished papers both in English and Hindi in all subjects, except languages.

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Statutory regulations have been framed under the Act of 1921. Regulation-7 specifically states that except languages question papers in all other subjects would be printed both in Hindi and English. It is admitted that the aforesaid regulation has not been amended. Once that be so, the authorities of the Board cannot be permitted to print papers only in one of the languages as it would go contrary to the regulation itself.

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Sri R.P. Tiwari, learned Standing Counsel, on the basis of the instructions received from the Secretary, which is taken on record, states that about 32 lakhs students are appearing in the High School Board Examination, whereas only fifty thousand students are writing answers in English and, therefore, it is thought appropriate to print papers only in Hindi. It is also submitted that since the examinations are to commence within 7 days from today, as such, it would not be possible for the

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Board to print question papers in all subjects, all over again, in two languages i.e. English and Hindi.

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Having examined the contention advanced, this Court finds that the action of the Board in printing papers in subjects, other than languages, only in one language i.e. in Hindi is clearly not in consonance with Regulation-7 of the Statutory Regulations framed under Chapter-XIII of the Act of 1921. The authorities of the Board, therefore, would provide question papers both in Hindi and English in all subjects other than languages to the petitioner institution. Similarly, question papers in both the languages would be furnished to other institution if a request in that regard is received.

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Considering the fact that the examinations are to start within a week form today and arrangements would be required to be made for 32 lakhs students, therefore, this Court refrains from issuing any general mandamus in respect of other students/ institutions. It is however provided that the authorities of the Board shall not deviate from statutory regulations in the matter of printing of papers for the next examination to be held by it.

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Subject to the observations made above, writ petition stands disposed off.

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Order Date :- 11.2.2020 n.u.

C/M Quadeer Husain Inter College and Another v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

C/M Quadeer Husain Inter College and Another v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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