The Bombay High Court has directed the State Government to conduct the Public Prosecutors Recruitment Examination in English as well as in Marathi language.

The Bench of Justice S. V. Gangapurwala and Justice R. N. Laddha was adjudicating upon a plea seeking directions to the State Government to conduct public prosecutor recruitment examination in English as well as Marathi language.

Advocate Alankar Kirpekar appearing for the petitioner submitted that the petitioner has studied in Marathi language throughout. He contended that it would be prejudicial to the petitioner if the petitioner is asked to answer the question paper in English language.

He further submitted that the respondents did not clarify that the said examination would be in English language. The Counsel contended that in the advertisement it was clarified that the syllabus, the medium of writing the examination would be published subsequently and that the same was published only in May 2022. It was submitted that the petitioner on or about 24th June, 2022 gave a representation for conducting exam in Marathi language also.

Additional Government Pleader, M. P. Thakur, submitted that the state government would consider the representation of the petitioner before the next examination.

It was further submitted that more than 7700 candidates are appearing and only the petitioner had raised objection for answering in Marathi language. The AGP submitted that it may not be possible to find the examiner to assess answer paper in Marathi language.

The Court observed that the said examinations are scheduled on September 11, 2022 and the Court held that when the petitioner had given representation on 24th June, 2022, the State had the time at its disposal to find out whether the examiners are available to assess the answer papers in Marathi language.

The Court further noted that in Prashant P. Giri & Ors. v/s. State of Maharashtra & Ors., the Court had observed that a facility should be made for answering the question paper in Marathi language for the selection of subordinate Judicial Officers in Maharashtra.

The Court noted that even after 12 years, the Government was still searching for examiners to assess the answer papers in Marathi language

The Court expressed that the Government ought to have been serious in implementing the said judgments in its letter and spirit.

"The examinations now are scheduled on 11th September, 2022. It is contended apart from the petitioner no other candidate has raised objection for answering the question paper in Marathi language. There are about 7700 candidates. In view of that considering the proximity of time the examination is to be held, it may not be possible to pass further orders for the present examination. However, the respondents shall ensure that the next examination to be held for Public Prosecutors shall be conducted in English as well as Marathi language.", the Court directed.

Cause Title- Pratap Prakash Jadhav v. The State of Maharashtra and Anr.

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Bombay High CourtJustice S.V. GangapurwalaJustice R. N. LaddhaPublic Prosecutor

Ashish Shaji