The Punjab and Haryana High Court recently set aside a Punjabi language pre-qualifying test that was part of a school teacher recruitment drive in 2022.The Court found that the exam syllabus for the 2022 Punjabi language exam focused less on the grammar and script of Punjabi language and more on the culture, religion and history of Punjab.Justices Sanjeev Prakash Sharma and Sudeepti Sharma observed that such an exam may involve regional bias and would exclude candidates who were not from Punjab."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," the April 30 judgment stated.Therefore, the Court set aside the 2022 Punjabi language exam even though it upheld a rule to incorporate such an exam to test candidates' knowledge of Punjabi.The Court was hearing a batch of pleas challenging the change of the syllabus for exams held as part of recruitment to the post of Elementary Trained Teacher (ETT) by the Punjab Government.By way of background, the Punjab government introduced an amendment in 2022 which made it mandatory for candidates seeking to join Group C government posts to secure at least 50 per cent marks in Punjabi language exam.This amendment to the Punjab Civil Services (General and Common Conditions of Service) Rules was issued weeks after the Punjab government issued a recruitment advertisement for ETT posts in 2022.After the amendment was notified, a revised recruitment notification was issued whereby the Punjabi language exam was also included as part of the written exam.This move was challenged by several ETT candidates before the High Court.The Punjab government countered the challenge by arguing that basic knowledge of Punjabi language was crucial to ensure the smooth functioning of government departments.The Court found merit in this stance and upheld the 2022 amendment to the rules.
The following points were also highlighted by the Court to uphold the 2022 amendment:
This is not a case where rules of the game were changed after the selection process started.
The requirement of passing Punjabi Language test in the State of Punjab for Group ‘C’ posts, cannot be said to be unconstitutional. The State of Punjab would be entitled to require its employees to have knowledge of Punjabi language for the purpose of day to day activities and functioning in the government offices. The same cannot be said to be contrary to the Constitution.
Merely because the State has relaxed the educational percentage at the educational qualification level for reserved category persons, it is not essential for them to provide a similar relaxation for the prequalifying examination (Punjabi language test).
There is neither any lack of legislative competence nor is there any violation of fundamental rights while framing the rule.
However, issues arose when the Court examined the syllabus for the 2022 Punjabi language exam for ETT recruitment.The Court found that the 2022 Punjabi language exam paper contradicted the 2022 amendment and violated the Punjabi Official Language (Amendment) Act, 2008."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," the Court explained.The Court, therefore, set aside both the syllabus for the 2022 Punjabi language test and the 2022 Punjabi language exam.However, having upheld the 2022 amendment, it directed the State to conduct a new Punjabi language examination based solely on knowledge of Punjabi."The said test may be conducted for all the candidates now within a period of three months and further selection process under the advertisement may be continued and concluded thereafter at the earliest within a period of six months," the Court added, before disposing of the matter.Advocates Vikas Chatrath, Abhishek Singh, Tanya Sehgal, Alka Chatrath, Nikhil Singh and Himani Kapila appeared for various petitioners.Deputy Advocate General RS Pandher represented the Punjab government.Senior Advocate Amit Jhanji along with advocates Abhishek Premi and HS Saini, and advocates Jatinderpal Singh Ankush Thakral appeared for some of the respondents. Advocate Kriteka Sheokand appeared for an applicant.
TAGS: Punjab and Haryana High Court pre-qualifying test Punjabi language teacher recruitment syllabus regional bias Justice Sanjeev Prakash Sharma
