It is up to the state to allow candidates taking exams for posts of junior judicial officers to answer the question paper in Marathi.
The Bombay High Court has refused to direct the state to allow candidates to write examinations for posts of judges in the lower judiciary in Marathi.
A division bench of Justice A.M. Khanwilkar and Justice R.M. Sawant rejected the plea last week saying such an order would amount to “encroaching upon the field of the legislature”.
The court has, however, recommended that the facility be made available to candidates from the next examination for selection of subordinate judicial officers in the state.
“Since the policy of the state government has now been implemented by directing Marathi to be a language of the lower courts, it would be in the fitness of things if candidates are given the facility of taking the examination of CJLD [Civil Judge Lower Division] and JMFC [Judicial Magistrate First Class] in Marathi,” observed the judges.
The recommendation came in the wake of the state’s policy of making Marathi the official language of the lower courts. The judges also took into consideration that the high court itself has issued directions to the administrative side of the lower judiciary to writ judgments in Marathi.
Several petitions were filed in the high court requesting the facility to write answers in Marathi for examinations for the posts of Judicial Magistrate First Class and Civil Judge Lower Division conducted by the Maharashtra Public Service Commission.
The petitioners had moved the high court saying prospects of candidates from rural areas were being affected badly because they were not allowed to write answers in Marathi during the 2009 examinations despite the state’s adopted policy.
Several other states allowed candidates to answer papers in local languages, the petition said.