HINDI HITRAKSHAK SAMITI AND ORS. versus UNION OF INDIA AND ORS.

HINDI HITRAKSHAK SAMITI AND ORS. versus UNION OF INDIA AND ORS.

Non-holding of entrance examination in Hindi or other regional languages does not amount to denial of admission on the ground of language. Article 32 cannot be used to enforce policy preferences where no direct violation of a fundamental right is established.

Source-derived case information.

Parties
Petitioner: Hindi Hitrakshak Samiti; Respondent: Union of India; Respondent: Central Board of Secondary Education; Respondent: Medical Council of India
Jurisdiction
India
Judgment Date
26 February 1990
Procedural Posture
Writ Petition (civil) / Dismissed as Withdrawn
Outcome
Writ petition dismissed as withdrawn
Legal Topics
Medium of Examination, Fundamental Rights Enforcement, Admission Policy, Language Rights
Constitutional Law Education Law Medium of Examination Fundamental Rights Enforcement Admission Policy Language Rights

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Parties

Hindi Hitrakshak Samiti

Petitioner

Union of India

Respondent

Central Board of Secondary Education

Respondent

Medical Council of India

Respondent

Procedural Posture

Writ Petition (civil) / Dismissed as Withdrawn

Legal Issues

  1. 1 Whether non-holding of pre-medical and pre-dental examinations in Hindi or other regional languages amounts to denial of admission on the ground of language and is violative of fundamental rights under Articles 29(2) and 32
  2. 2 Whether a writ can be issued directing conduct of examinations in a particular language under Article 32

Ratio Decidendi

Non-holding of entrance examination in Hindi or other regional languages does not amount to denial of admission on the ground of language. Article 32 cannot be used to enforce policy preferences where no direct violation of a fundamental right is established.

Court Disposition

Writ petition dismissed as withdrawn

Orders

  • Petitioner permitted to withdraw the writ petition
  • Dismissal will not prejudice the rights of the petitioners to take appropriate steps as advised in accordance with law