The Gujarat High Court dismissed a Public Interest Litigation (PIL) filed assailing the decision of the Top Court in the matter of inclusion of Gujarati as an additional language of the High Court.
The Division Bench of Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee observed that this is wholly a misconceived petition filed in the name of Public Interest Litigation seeking to assail the decision of the Apex Court communicated by the the Chief Justice of India on the administrative side, in the matter where advice was sought by the Cabinet Committee, in the matter of inclusion of Gujarati as an additional language of the High Court.
According to the record, the High court noted that by Letter dated 16.10.2012, the the Chief Justice of India has intimated that the Full Court of the Apex Court in the meeting held on 11.10.2012 after due deliberations, decided to disapprove the proposal. The Government has abided by the decision of the Apex Court.
Assailing the decision of the Cabinet Committee to seek consent of the Apex Court, it is sought to be submitted by the counsel for the petitioner that the decision of the Chief Justice of India intimated by the Letter dated 16.10.2012, cannot be taken as a decision of the Apex Court. The High Court is competent to adjudicate the matter of challenge made to the decision of the Cabinet Committee seeking advise of the Chief Justice.
In the petition, the Supreme Court of India has been impleaded as the respondent No.3 on administrative side, through the Registrar, Supreme Court of India, to assert that the decision of the the Chief Justice of India intimated letter dated 16.10.2012 is liable to be ignored, inasmuch as, the Cabinet Committee had no authority of law to seek advise of the Chief Justice of India. Reference has been made to the provisions of Article 348(2) of the Constitution of India to assert that the decision to include a regional language for official purposes in the High Court in a State can be taken by the Governor of the State with the previous consent of the President.
Considering the submissions of the counsel for the petitioner, the Bench found that the issue, if any, can be raised by the petitioner would not fall within the jurisdiction of the Court once the advise of the the Chief Justice of India was sought and a decision was taken by the Full Court of the Apex Court intimated through the letter dated 16.10.2012. Only remedy before the petitioner is to approach the Supreme Court.