The court held that IIT cannot reject a caste certificate issued in Hindi by the State of Jharkhand if it contains all necessary details. Directing the respondents to admit a meritorious OBC student and complete the process within 10 days.
Directing respondents to consider the petitioner for admission and complete the process within 10 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P(C) No.4572 of 2012
Tausif Raza … … Petitioner
Versus
The Union of India through Ministry of Human Resources development Department & Othes ...
... ... Respondents
CORAM: HON’BLE MR. JUSTICE D.N.PATEL
------ For the Petitioner: Mr. Jay Prakash Pandey, Advocate For the Union of India : Mr. Prabhash Kumar, Advocate No.s 2 & 3: Mr. Faizur Rahman
04/Dated 6th October, 2012
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of Technology, New Delhi by the petitioner-student as stated in the para 6 of the memo of the petition. These facts have also not been controverted in the counter affidavit filed by the Chairman, I.I.T-J.E.E. Advanced 2013, New Delhi. It is further submitted by the counsel for the petitioner that petitioner is a meritorious student and he has secured 5355 position in All India Rank list, OB806 in All India Rank in OBC Rank List and OM52 in All India Rank in OBC Minority Rank List. Thus, he has secured higher position so far as O.B.C. minority category is concerned and such meritorious student has been denied admission only on the ground that caste certificate, which is a proof that he belongs to OBC category, has been issued in Hindi language and hence not acceptable to the I.I.T. Authority. It is also submitted by counsel for the petitioner that the certificate has been issued by the respondent State in the language preferred by them while I.I.T is insisting that the caste certificate should be issued in English language only, as stated in para 3 of the counter affidavit. The petitioner, being a student, has no control over the State of Jharkhand so far as the language in which the State choses to issue a caste certificate. However, the said certificate contains the following details:
Government
Thus, it is submitted by the counsel for the petitioner that the certificate issued in Hindi language, which is at Annexure 2 to the memo of the petition, contains every detail required by the respondent authority, but unnecessarily they are insisting for a caste certificate in English language and that too in their format, to which the Government of Jharkhand may not agree.
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authority, but they are now insisting that the certificate should have been issued prior to January, 2012 and should be presented before June, 2012. The caste certificate issued in English language has been kept at Annexure 2/2 to the memo of the petition. The petitioner-student has no control over the State of Jharkhand so far as language and format for issuance of caste certificate is concerned. Therefore, the fact remains that whatever certificate was issued by the Government of Jharkhand, they have already been supplied to the respondent authority. Thus, the insistence by the I.I.T., Delhi that the caste certificate should be in English language and in the format prescribed by the respondent authority may not be acceptable to this court and it is apparent that for no fault of the petitioner he was denied admission in a prestigious institution like Indian Institute of Technology, though he has secured high ranks in the I.I.T-J.E.E.-2012 examination. It is also submitted by the counsel for the petitioner that certificate issued in Hindi language (Annexure 2) has already been submitted prior to June, 2012 and certificate issued in English language (at Annexure 2/2) has already been submitted to the respondent authorities after receiving the same from the State of Jharkhand and therefore, a suitable direction may be given to the respondents to admit the petitioner in Indian Institute of Technology, Delhi, which will, in turn, allot the institution according to the merit of the petitioner. 7. I have heard the counsel for respondent no. 2 and 3, who has submitted that petitioner was required to submit caste certificate in the language and format prescribed by the respondent authority, as stated in paragraph 3 and 7 of the counter affidavit, to be read with Annexure R1 and R2 of the counter affidavit, and since the petitioner failed to supply the same, petitioner's candidature has been rejected.
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All India Rank 5355 All India Rank in OBC Rank OB806 List All India Rank in OBC OM52 Minority Rank List
| (a) | Name of the petitioner; |
|---|---|
| (b) | Name of the father of the petitioner; |
| (c ) | The place where the petitioner belongs |
| to, namely district Garhwa; | |
| (d) | Religion-Mohamedan; |
| (e) | Sub caste-Momin; |
| (f) | The fact that petitioner is not falling within |
the “Creamy Layer”, as described in the concerned circular issued by the Central Government
preferred language as stated hereinabove and therefore, it is very much apparent that due to no fault of the petitioner, he has been denied admission.
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“343. Official language of the Union- (1) The official language of the Union shall be Hindi in Devanagari Script.
The form of numerals to be used for the official purposes of the Union shall be the international form of Indian numerals.
(2) Notwithstanding anything in clause (1), for a period of fifteen years from the commencement of this Constitution, the English language shall continue to be used for all the official purposes of the Union for which it was being used immediately before such commencement:
Provided that the President may, during the said period, by order authorise the use of the Hindi language in addition to the English language and of the Devanagari form of numerals in addition to the international form of Indian numerals for any of the official purposes of the Union.
(3) Notwithstanding anything in this article, Parliament may by law provide for the use, after the said period of fifteen years, of
(a) the English language, or
(b) the Devanagari form of numerals ,
For such purposes as may be specified in the law .”
Thus, Hindi has been adopted as the official language of the Union of India and therefore, the certificate in Hindi language, at
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Annexure 2, presented by the petitioner, which contains sufficient details as required by the Indian Institute of Technology, Delhi, ought to have been accepted by respondent no. 2 and 3. It appears that Respondent authorities have unnecessarily insisted for caste certificate in English language and that to in a format prescribed by them. Therefore, officials, who are adorning high positions in I.I.T., Delhi, should know that there are several States, which issues such certificates in Hindi language because Hindi is the official language of several States of the Union of India. The I.I.T. Authorities should also keep in mind that prescribed format in English language may not be accepted by these States, who are also sovereign bodies. I.I.T is not a super sovereign body having control over the State of Jharkhand-sovereign body and demand for issuance of caste certificate in a particular language is unnecessary and runs counter to the principles enshrined in the Constitution of India.
para 6 of the writ petition reads as under:
“ That the petitioner had submitted caste Certificate dated 02/12/2011 in Hindi version and caste Certificate dated 31/05/2012 in English version and Caste Certificate dated 05/07/2012 in English version which was not consider by the authority
Photo copy of Caste Certificate dated 02/12/2011, dated 31/05/2012 and dated 05/07/2012 are annexed as Annexure -2, 2/1, 2/2 to this application. ”
This aspect of the matter has not been denied in the counter affidavit filed by the Respondent authorities.
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student must have moved from heaven to sky for getting the certificate in English language, which has been annexed as annexures 2/1 and 2/2 and that have also been supplied to the Respondent no. 2 and 3. Therefore, Respondent No. 2 and 3 should have taken a pragmatic view in the matter that a meritorious student should never be denied admission for this type of reason at all as Indian Institutes of Technology are the premier Institutions in India. Every meritorious student has a dream to get admission in I.I.T. The petitioner is falling within the merit list for getting admission in I.I.T. His dream, cannot be taken away by this type of objection, which runs counter to Article 343 of the Constitution of India .
s.m.
3 issues framed by the court
Whether a caste certificate issued in Hindi by a State can be rejected for admission to IIT when it contains all required details.
Whether insisting on an English-format caste certificate violates Article 343 of the Constitution.
Whether a meritorious student entitled to admission can be denied solely due to language/format of caste certificate.
1 provisions across 1 enactments
Tausif Raza
The Union of India through Ministry of Human Resources Development
Indraprastha Institute of Information Technology (I.I.T.), New Delhi
D.N. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
