BOMBAY OA No.800/2010

BOMBAY OA No.800/2010
(Draft or final ?? Copied from email recd from office on 29-07-2013)

CENTRAL ADMINISTRATIVE TRIBUNAL,
BOMBAY BENCH, MUMBAI.

ORIGINAL APPLICATION NO.: 800 OF 2010
DATED THIS , THE DAY

OF , 2013.

CORAM : HON'BLE SHRI JUSTICE A.K.BASHEER,
MEMBER (J)
HON'BLE SMT. LEENA MEHENDALE, MEMBER
(A)
Mr. Chitranjan Kumar,
R/o B-507-Vaitharna bldg.
Jangid Complex, Mira road (e)
Thane – 401 107 ...
Applicant
(Applicant in person)

VERSUS

1. The Secretary,
Union Public Service Commission,
Dholpur House, Shahjahan Road,
New Delhi – 110 069
2. INTERVIEW BOARD
{Roll No.004162 of CS (M) EXM-PT-
2008}
Through,
Smt. Shashi Uban Tripathi (Member
UPSC),
Chairperson Interview Board,
Union Public Service Commission,
Dholpur House, Shahjahan Road,
New Delhi – 110 069
3. The Secretary,
Union of India,
The Ministry of Personnel,
Public Grievances and Pensions,
North Block,
New Delhi – 110 001 ... Respondents

(By Advocate S/Shri V.S.Masurkar along with
V.Narayanan)

O R D E R

Per: Smt. Leena Mehendale, Member (A)
This Original Application is filed on
13.10.2010 under Section 19 of the
Administrative Tribunals Act, 1985, to
challenge the certain part on the selection
procedure of UPSC for All India Services.

2. The applicant appeared in the Civil Service Main Examination-
2008 (CSME-2008). He qualified the preliminary and the main exam
in 2008 and was called on to appear for the Personality Test
Board of UPSC on 23. .2009, he failed to qualify the CSME final.

3. The personality interview was to be held
in English as per the rules that prescribed
that if the main exam is taken in English
language, then the interview will be
necessarily in English. It is pertinent to
note that for those candidates, who write
the CSME in any regional language are allow
to choose the option of either that
language or English. The main choice is
not available for those writing main exam
in English. Following provision existed at
para 27 (Annexure A-1) as regards language
medium for interview -

“Candidates who have opted for English as
language medium for answering papers on Essay,

General Studies and Optional Subjects will have
to take the interview for Personality Test in
English only. However, those candidates who
opted for an Indian language as language medium
for answering papers on Essay, General Studies
and optional subjects have the option of being
interviewed EITHER in English OR in SAME
language which they have opted for the papers on
Essay, General Studies and optional subjects.”
4. The applicant takes up very interestingly, he makes a distinction
between expertise of written language Vs. expertise of spoken
language. A person may be fluent in writing the language because of
various factors, but not necessary fluent in spoken language. He
quotes a social writer Chetan Bhagat, who divide the English
speaking population of India in two groups called E1 and E-2. He
annexed the copy of the speech of Chetan Bhagat dated 19.11.2009
on topic “English for progress conference speech”. He claimed that
the Board did not allowed the applicant to speak in Hindi, even after
repeated request made seeking permission for speaking in “Hindi
medium” as to ensure effective and powerful communication and to
avoid communication gaps. Interview Board asked the applicant “Do
you have problem in speaking language”. “Applicant said yes”
Chairperson said you don't have choice? Speak only English.
However under such constrain, applicant continued to speak “so
called English” for the sake of interview but perhaps not for
“personality test”. The respondent No.2 asked, you did B.A
Geography Hon's in “Hindi medium” it means what that you are not
going to answer our questions? Then they started asking questions,
which applicant was not able to understand, due to technicalities and
use of jargons in English.

5. Peruse the UPSC MA No.160/2012, which is a Reply to MA
No.534/2011 filed by the applicant. It is stated here that the UPSC

appointed an expert committee under the Chairmanship of Professor
B.B.Bhattacharya to examine the issue of language medium in the
personality test in the CSME. The committee gave its report on
10.06.2011. It is mentioned their that the committee has
considered following important aspects -

Parliamentary Resolution on Official
languages 1968, based on which all
the languages in the 8

th Schedule to
the Constitution, were included as
alternative media for Civil Services
(written) Examination. The
Committee also considered its impact
on the language medium of interview
in the Civil Services (Main)
Examination.

To elicit the views of candidates, a
questionnaire was circulated to a
large number of the candidates, who
had qualified in the written part of
the Civil Services (Main)
Examination, 2010 for interview.
The questionnaire was also
circulated to the probationers
undergoing training in the Lal
Bahadur Shastri National Academy of
Administration (LBSNAA), Mussoorie.
In deference to the observations of
the Hon'ble High Court of Bombay in
its interim order dated 15.3.2011,
the Committee had also called the
Petitioner of the PIL in question
for a personal hearing in its third
meeting held on 19

th of May, 2011.

6. It is mentioned in the Executive Summary that the Committee
evaluated the current policy regarding the choice of languages to the
candidates at different stages of the examination vis-a-vis the
requisite changes needed in the emerging context, keeping in view
the current as well as future needs of the civil services. It also
examined whether the present policy provided adequate opportunity
to the candidates for self expression at the time of personality test.
Finally, the Committee recommended the following -

*a) The candidates, opting for the Indian
Language medium (other than Hindi) for the
written part of the Civil Services (Main)
Examination, may be given the option of choosing
either the same Indian Language or English or
Hindi as the medium for the interview.
b) The candidates, opting to write the Civil
Services (Main) Examination in English, may be
similarly given the option to be interviewed either
in English, or in Hindi, or in any other Indian
Language opted by them for the compulsory
Indian Language Paper in the written part of the
Civil Services (Main) Examination. The
candidates who are, as per present policy,
exempted from the compulsory Indian Language
paper will have to appear for the interview in
English or Hindi only.
c) Irrespective of the language medium chosen by
the candidate for the interview, all candidates
should also be tested for a minimum level of skill
in spoken English as a functional means of
communication. To this end, the Interview Board
may adopt its own suitable strategy to draw out
the best from the candidate.
d) The Committee has felt that the functional
requirement for the Indian Foreign Service
demands a higher level of skill in English
communication. Therefore, the candidates who
wish to be considered for the Indian Foreign

Service would have to appear for the interview in
English only.*

7. Accordingly, Government issued letter No.22012/28/2010-AIS-I
dated 18.07.2011 to the Secretary, UPSC stating as below -

*I am directed to refer to UPSC's letter
No.23/2/2010-E.I.(B) dated 22.6.2011 on the
subject mentioned above and to convey the
approval of Competent Authority on the
recommendations at (a) and (b) accepted by
the Commission for inclusion in Instruction for
the candidates contained in the Detailed
Application Form for the Civil Services (Main)
Examination, 2011.*

8. {Examine the writing replies of UPSC dated 28.09.2011 (page
90 to 96), 05.01.2012 (page 200 to 203), 26.4.2012 (page 302 to
304), 26.4.2012 (page 305 to 309) still holds good and the OA is
misconceived and hence liable to be dismissed as such.}

(Smt. Leena Mehendale) (Shri
Justice A.K.Basheer) Member (A)
Member (J)

km*