State Of J.& K. & Anr vs Ajay Dogra on 7 April, 2011
- B, in any of the languages included in
the Eighth Schedule of the Constitution of
India or in English". This note now makes
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it clear that candidate can select any of
the subject as listed in the same clause
and can answer question paper in any of the
language which is listed in 8th schedule of
the constitution which certainly includes
Gujarati as one of the language and,
therefore, if at any point of time, it is
disclosed by the Respondent No.2 that
answer to the paper of Geology should be
written in English only, it amounts to
selectiveness and arbitrariness. It is
surprising to note that though UPSC is
permitting to answer the question paper in
any language from Schedule 8 of
Constitution, the GPSC wants that
particular paper should be answered in
English only. It seems that GPSC does not
have facility to verify the answer sheets
in Gujarati or they are promoting /
supporting the examiner who is comfortable
in English only. Therefore, it cannot be
said that this Court cannot entertain the
Writ Petition and that allowing the
Petitioner to answer the question paper of
Geology of Gujarati would result into
relaxation of recruitment Rules in any
manner whatsoever and thereby decision
relied by the Respondent in the case of
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Ajay Dogra (Supra) would not be relevant at
all.