P&H HC Invalidates 2022 Punjabi Language Exam For School Teacher Recruitment Over Concerns Of Regional Bias

The legal challenge stemmed from a batch of petitions contesting the alteration of syllabi for exams conducted as part of the Elementary Trained Teacher (ETT) recruitment by the Punjab Government. The government had introduced an amendment in 2022, mandating candidates vying for Group C government positions to attain a minimum of 50 percent marks in the Punjabi language exam.

This amendment was enacted shortly after the Punjab government issued a recruitment advertisement for ETT positions in 2022. Subsequently, a revised recruitment notification was issued, incorporating the Punjabi language exam as part of the written examination.

Several ETT candidates challenged this move before the High Court, arguing that it was unjustified to include a Punjabi language exam as a prerequisite for non-language teaching positions.

A Division Bench of Justice Sanjeev Prakash Sharma and Justice Sudeepti Sharma found fault with the exam syllabus, stating that it placed disproportionate emphasis on Punjab's culture, religion, and history rather than the language's grammar and script. The Court said, “While conducting a pre-qualifying test for Punjabi language, the respondents cannot be allowed to take an exam for the subject of Punjabi and Punjabiath as that would amount to localizing and excluding the persons who do not belong to Punjab from participating in the selection process.”

Advocate Vikas Chatrath appeared for the Petitioners and Senior Advocate Amit Jhanji appeared for the Respondents.

The Court expressed concern that such a test could introduce regional bias, potentially excluding candidates not native to Punjab. It ruled that conducting a pre-qualifying test focused on Punjabi culture alongside the language exam would unfairly localize the selection process, thereby precluding individuals from outside Punjab from participating. The Court added, “The examination conducted by the respondents based on the syllabus as above, is found to be contrary to the provisions and, therefore, the same is liable to be struck down as the same is beyond competence of the Rule. The respondents have failed to consider the difference between Punjab and Punjabi language and to the said extent, the contentions raised by the petitioners have also not been answered by the respondents.”

While the Court upheld the importance of testing candidates' knowledge of Punjabi, it annulled the 2022 Punjabi language exam in question due to its emphasis on cultural aspects. It underscored the need for a fair and impartial examination that assesses candidates' proficiency in the Punjabi language alone.

While endorsing the amendment, the Court highlighted several points:

• The amendment did not alter the rules mid-selection process.
• Requiring knowledge of Punjabi language for Group C posts in Punjab was within the state's prerogative and did not contravene the Constitution.
• Relaxing educational qualifications for reserved categories did not necessitate similar leniency for pre-qualifying examinations like the Punjabi language test.
• The legislative competency and fundamental rights were not violated in framing the rule.

However, discrepancies arose when the Court scrutinized the syllabus for the 2022 Punjabi language exam. It found the exam paper to be incongruent with the 2022 amendment and in violation of the Punjabi Official Language (Amendment) Act, 2008.

Consequently, the Court nullified both the syllabus and the exam, directing the state to conduct a new Punjabi language examination solely based on language proficiency within three months. It further instructed the continuation and expeditious conclusion of the selection process within six months.

Cause Title: Parvinder Singh & Ors. v. State of Punjab & Ors.. [2024:PHHC:058548-DB]

Appearance:

Petitioners: Advocates Vikas Chatrath, Abhishek Singh, Tanya Sehgal, Alka Chatrath, Nikhil Singh, and Himani Kapila

Respondents: Senior Advocate Amit Jhanji, Advocates Abhishek Premi, HS Saini, Jatinderpal Singh and Ankush Thakral. Deputy Advocate General RS Pandher appeared for the Punjab government, Advocate Kriteka Sheokand appeared for an applicant.