IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1729 of 2011 ATIQUE-UZ ZAMAN, S/O LATE SYED ABDUL KHALIQUE, R/O NASHEMAN BUILDING, FRESER ROAD, P.S.-GANDHI MAIDAN, PATNA-1. …………PETITIONER. Versus 1. THE HONBLE CHANCELLOR OF UNIVERSITY, GOVERNMENT HOUSE, BAILY ROAD, PATNA. 2. THE VICE-CHANCELLOR NALANDA OPEN UNIVERSITY, BISCOMAN BHAWAN, GANDHI MAIDAN, PATNA. 3. THE REGISTRAR (EXAM), NALANDA OPEN UNIVERSITY, BOSCOMAN BHAWAN, GANDHI MAIDAN, PATNA. ………………RESPONDENTS. ----------- 2 24.02.2011 Heard learned counsel for the petitioner and learned counsel for the Chancellor. Petitioner in this writ application has prayed for a direction to the respondents to allow Urdu knowing students of the University to write their answer books in Urdu or any other language. He has also prayed for a direction to the respondents to supply self learning material in Urdu to the students registered with the University. Learned counsel for the petitioner submits that Urdu is the second official language of the State and, therefore, the University, which is constituted under an Act of the State, should supply materials to the students in Urdu also and should allow them to write their answer books in Urdu. He 2 submits that without any formal decision of the Academic Council or any other body of the University, restriction has been imposed on the candidates to write their answer books only in Hindi or in English. A vague statement has been made that in the first year Urdu knowing students had written their answer books in Urdu which were evaluated and result was published. Petitioner was registered with the University for pursuing M.A. course, which is a Post Graduation course, for the session 2008-10. He got himself admitted in the University with full knowledge of the regulations of the University and accepting the terms and conditions as laid down by the University for admission. Therefore, if he intended to pursue the course and appear in the examination, he had to do it in terms of the Rules and Regulations of the University. Under the regulations, the University supplies reading materials to the Students. The reading materials are in Hindi and in English. The students, who undertake to pursue the Post Graduation course in the University, are at least expected to know 3 either of the two languages. When the students appear in the examination and write their answer books in Hindi or English, their answer books have to be evaluated for which examiners have to be appointed. If liberty is granted to the students to write their answer books in any other third language, the University will surely face difficulty in finding examiners to evaluate the answer books. For the purposes of argument, if it is accepted that there is no formal decision of the Academic Council in this regard, still University is very much at liberty to decide as to in what language the reading materials have to be supplied to the students and in what language the students have to write their answer books. This is not the case of the petitioner that earlier the University used to allow the students to write their answer books in any other language than the Hindi or English and used to supply reading materials to the students in any other language. This is also not the case of the petitioner that at the time of admission, due to any provision of any Act, Rule or Regulations of 4 the University petitioner had a bonafide belief that the reading materials would be supplied to him in Urdu or that in the examination he would be allowed to write his answer books in Urdu. At this stage of the order, learned counsel for the petitioner places strong reliance on Section 6 and Section 48 of the Nalanda Open University Act, 1995. For easy reference both the Sections are reproduced hereinbelow:- ‘6. Universities open to all classes, castes and creeds.- No person shall be excluded from membership of any of the authorities of the University or from admission to any degree or course of study on the ground of sex, race, descent, class, caste or political belief. It shall not be lawful for the Universities to adopt or impose on any person any test whatsoever relating to religious or political belief or dogma, in order to entitle him to be admitted thereto as a teacher or student, or to hold any office or appointment therein, or to graduate thereat, or to enjoy or exercise any privilege thereof, except where in respect of any particular benefaction accepted by the University, such test is made a condition thereof by any testamentary or other instrument creating such benefaction: Provided that nothing contained in this section shall prevent the University from making any provision for 5 reservation of posts and appointments in favour of members of the scheduled castes and scheduled tribes, backward classes, economically backward classes and women.’ ‘48. Qualification of for enrolment as students of the University.- No student shall be enrolled as a student of the University unless he/she has passed the Secondary School Examination or any other equivalent examination held by the University or any other University or body incorporated by any law for time being in force and recognized by the University Provided that students having passed the Higher Secondary or Pre-University Examination shall continue to be enrolled in the manner as prescribed in the Ordinance and Regulations.’ Section 6 as quoted hereinabove, makes it clear that the University shall be open to all classes, castes and creeds. It says that there shall be no discrimination in admission on the ground of sex, race, descent, class, caste or political belief. This Court fails to understand as to how not being allowed to write his answer books in Urdu discriminates him under any of these heads or this amount to any discrimination. Clearly, the requirement of writing answer books in Hindi or English does not amount to 6 discrimination on the ground of ‘sex’, ‘race’, ‘descent’, ‘class’, ‘caste, or ‘political belief.’ Therefore, reliance of learned counsel for the petitioner on Section 6 of the Act is highly misconceived and is rejected. Similarly, Section 48, as reproduced hereinabove, gives liberty to any student to take admission in the University having passed from any recognized Institution. There is no averment in the writ application that petitioner passed from any Madarsa. Still assuming that he had passed from a Madarsa clearly his degree was recognized by the University and therefore he was allowed admission. But that gives him right to write his answer book in Urdu does not at all flow from this Section 48. Thus reliance of learned counsel for the petitioner on Section 48 is also highly misconceived and is rejected. In the admit card, annexed as Annexure-1 series, it has been clearly mentioned that students should write their answer books in Hindi or in English and it also makes it clear that in case they write their answer books in any other language, it 7 will not be possible to get evaluation their answer books done. This clearly indicates the practical difficulty in finding examiners of that language and subject and in case of multiplicity of language used by the students this difficulty by the University in this regard may be unsurmountable. In the circumstances, this Court does not find any merit in the writ application and the same is dismissed. Arvind/ ( J. N. Singh, J.)