Article 29 Essay

85749 Words Jan 1st, 2015 343 Pages
Supreme Court of India
D. A. V. College Bathinda, Etc vs State Of Punjab & Ors on 5 May, 1971
Equivalent citations: 1971 AIR 1731, 1971 SCR 677
Author: P J Reddy
Bench: Sikri, S.M. (Cj), Mitter, G.K., Hegde, K.S., Grover, A.N., Reddy, P. Jaganmohan
PETITIONER:
D. A. V. COLLEGE BATHINDA, ETC.
Vs.
RESPONDENT:
STATE OF PUNJAB & ORS.
DATE OF JUDGMENT05/05/1971
BENCH:
REDDY, P. JAGANMOHAN
BENCH:
REDDY, P. JAGANMOHAN
SIKRI, S.M. (CJ)
MITTER, G.K.
HEGDE, K.S.
GROVER, A.N.
CITATION:
1971 AIR 1731 1971 SCR 677
ACT:
Punjabi University Act, 1961 (35 of 1961), s. 4(3)- University making Punjabi the sole medium of Instruction and examination-Action ultra vires the power conferred by section-Also infringes rights of
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Later, the University by circular dated July 2, 1970 relaxed this directive in some special cases of pre- university students. On October 7, 1970 a further modification was made allowing English as an alternative medium of examination but qualifying in the elementary Punjabi papers would be obligatory in the case of such students offering English medium. In petitions filed under Art. 32 of the Constitution the main contentions urged were that s. 4(2) of the Act did not empower the University to make Punjabi the sole medium of instruction; that if it did the State Legislature had no competence to enact such a provision because that power was vested in the Union Parliament under Entry 66 of List I; and that in any case the circular and the Notification offended the petitioners right to conserve their script and administer their institutions in their own way.
HELD:(i) The circular of June 15, 1970 as amended by the circulars of July 2, 1970 and October 7, 1970 is invalid and ultra vires the powers vested in the University. The University by adopting Punjabi as the sole or exclusive medium for the colleges affiliated to the University, notwithstanding the concessions granted, acted in excess of the power conferred on it. Section 4(3) of the Act, by the use of the definite article a prefixed to the word medium, does not require Punjabi to be made the exclusive medium of instruction. This

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