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Shaik Mustaq Ahmed Vs. the State of Andhra Pradesh and anr. - Court Judgment

LegalCrystal Citation
SubjectConstitution
CourtAndhra Pradesh High Court
Decided On
Case NumberWrit Petn. No. 556 of 1972
Judge
Reported inAIR1973AP66
ActsConstitution of India - Article 14
AppellantShaik Mustaq Ahmed
RespondentThe State of Andhra Pradesh and anr.
Appellant AdvocateP.A. Chowdary, Adv.
Respondent AdvocateGovt. Pleader
Excerpt:
.....is clearly adequate to enable the candidates to grasp the true import of the questions although a subject itself has been taught through the medium of telugu language......he was taught all subjects in high school and also at the intermediate stage through the medium of telugu language. with a view to qualify himself for admission to the medical college, he took up for study the subjects of physics, chemistry, zoology and botony.2. the petitioner has given the statistical details about the number of colleges imparting instruction through the medium of telugu language. in the andhra area of the 198 colleges, english medium is adopted only in 10 colleges. in the telangana area also in the vast majority of the colleges , english is not the medium of instruction. the petitioner states that at nidubrolu, where he resides and also in the neighbourhood, the medium of instruction in the colleges is only telugu. he mentions that fact to lay stress on the position.....
Judgment:
ORDER

1. The petitioner has passed the Intermediate Examination held by the Intermediate Board in March, 1971. He was taught all subjects in High School and also at the Intermediate stage through the medium of Telugu Language. With a view to qualify himself for admission to the Medical college, he took up for study the subjects of Physics, Chemistry, Zoology and Botony.

2. The petitioner has given the statistical details about the number of colleges imparting instruction through the medium of telugu language. In the Andhra area of the 198 colleges, English medium is adopted only in 10 colleges. In the Telangana area also in the vast majority of the colleges , English is not the medium of instruction. The petitioner states that at Nidubrolu, where he resides and also in the neighbourhood, the medium of instruction in the colleges is only Telugu. He mentions that fact to lay stress on the position that it has become a matter of necessity for students to accept Telugu as the medium of instruction not as a matter of choice but because of compulsion.

3. At the entrance examination held for the purpose of selection of candidates for admission into M.B.B.S. course, the written was conducted through the medium of English. The petitioner complains that the use of English language alone as the medium of the test has resulted in unfavourable discrimination because of his want of familiarity with the precise meaning of many technical terms expressed in English language. He submits that as the question paper was set in English, he could not grasp the true implication of the questions, and although he was not deficient in the knowledge of the subject; his failure to grasp the precise import of the questions has placed him at a disadvantage in comparison with the students who pursued their studies at High School and college through the medium of English language. The petitioner asserts that the conduct of the entrance examination in English language is done without legislative sanction and it is unreasonable and discriminatory. The prayer accordingly is for a declaration that the examination held for the purpose of selection of candidates for admission into the M. B. B. S. Course is illegal and unconstitutional. The petitioner also seeks a direction that the examination should be conducted in accordance with law and through the medium of Telugu for those who have been educated with Telugu as the medium of instructions.

4. The application is opposed by the State Government and the Director of Health and Medical Services impleaded as the first and second respondents herein.

5. My attention has been drawn by the Government pleader to the rules framed for the selection of candidates. It is clearly provided therein that the medium of the test will be English. The candidates may answer the paper either in English or Telugu or Urdu. It is in the light of this provision that the validity of the petitioner's contention has to be determined.

6. Mr. P. A. Chowdery, counsel for the petitioner has advanced three arguments in support of the petition. In the first place, he argues that there is breach of the concept of equality because the students who have been taught through the media other than the English language are placed at disadvantage in relation to students who were taught in English. Learned counsel relied on certain dicta in K.N. Guruswamy v. The state of Mysore, : [1955]1SCR305 of the following observations occur :

'the appellant is interested in these contracts and has right under the laws of the State to receive the same treatment and be given the same chance as any body else.'

7. It is submitted that it is a basic concept of our Constitution that in regard to admission to educational institutions as also in other respect all citizens are entitled to receive the same treatment and to be accorded the same chance of selection for admission.

8. While the formulation of the principle by the learned counsel may be accepted as unexceptionable, the question whether, in fact, there is any inequality as per the scheme adumbrated by the authorities. It is true that the question paper is set in English. But, there is a specific provision in the Rules giving liberty to the examinees to answer the questions either in English Language or in Telugu. Can it be contended in the light of this provision that there is an infringement of the principle of equality ?. I am of opinion that there is no breach of the doctrine of equality. So far as the vital aspect of the test is concerned, viz., the answer script of the candidates, there is no handicap under which the petitioner labours. He has been taught through the medium of Telugu Language and he has been trained to express the ideas in that language. There is no impediment to his adopting Telugu as the language for answering the questions. How then can it be said that he labours under any disadvantage or is subjected to any inequality?

9. All that the counsel could say is that the fact that the questions had been set in English is itself sufficient to bring about an inequality. I am unable to accede to this proposition that the mere framing of the question in English language results to any infringement of the principle of equality.

10. We have to look at the essence of the matter. It is not as though the petitioner is completely devoid of knowledge of English. He and persons receiving instruction through Telugu medium are taught English as one of the compulsory subjects of study. The knowledge of English so derived is clearly adequate to enable the candidates to grasp the true import of the questions although a subject itself has been taught through the medium of Telugu language. I am not persuaded that there is any inequality arising by reason merely of the question paper having been set in English. The main contention of the petitioner that there is a violation of the concept of equality therefore falls to the ground.

11. In view of the above conclusion, it is unnecessary to consider the further contentions of the learned counsel that the executive is not competent to frame rules in this matter because the rules cover an area which is exclusively within the domain of the legislative function. Counsel for the petitioner argued the question at great length and with considerable learning. I need not go into the question because this petition can be decided on the simple ground that no inequality in fact arises as a result of the question papers having been set in English.

12. The writ petition therefore fails and is dismissed, but I make no order as to costs. Advocate's fee Rs. 100/-.

13. Petition dismissed.


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