D. A. V. COLLEGE BATHINDA, ETC. versus STATE OF PUNJAB & ORS.

D. A. V. COLLEGE BATHINDA, ETC. versus STATE OF PUNJAB & ORS.

The University's action in making Punjabi the sole medium of instruction and examination exceeded its powers under Section 4(3) of the Act and infringed the guaranteed rights of religious minorities under Articles 29(1) and 30(1) to conserve their script and administer their educational institutions.

Parties
Petitioner: D. A. V. College Bathinda and others; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
05 May 1971
Procedural Posture
Writ Petition Under Article 32 / Judgment of the Supreme Court of India
Outcome
Petitions allowed
Legal Topics
Medium of Instruction, Rights of Religious and Linguistic Minorities, University Powers, Ultra Vires Acts
Constitutional Law Education Law Minority Rights Medium of Instruction Rights of Religious and Linguistic Minorities University Powers Ultra Vires Acts

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Parties

D. A. V. College Bathinda and others

Petitioner

State of Punjab

Respondent

Procedural Posture

Writ Petition Under Article 32 / Judgment of the Supreme Court of India

Legal Issues

  1. 1 Whether Punjabi University could validly impose Punjabi as the sole medium of instruction and examination as per the Punjabi University Act, 1961
  2. 2 Whether such imposition infringes the rights of religious minorities to conserve their script and administer their institutions under Articles 29(1) and 30(1) of the Constitution

Ratio Decidendi

The University's action in making Punjabi the sole medium of instruction and examination exceeded its powers under Section 4(3) of the Act and infringed the guaranteed rights of religious minorities under Articles 29(1) and 30(1) to conserve their script and administer their educational institutions.

Court Disposition

Petitions allowed

Orders

  • Circular dated 15-6-1970 as amended by circulars of 2-7-1970 and 7-10-1970 held invalid and ultra vires and struck down.
  • Costs awarded to Petitioners (one hearing fee).