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

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

Clauses 2(1)(a) and 17 of Chapter V of the statutes under the Guru Nanak University (Amritsar) Act, 1969, to the extent that they interfere with the right of the religious minority to administer their educational institutions, are unconstitutional and must be struck down as offending Article 30(1). Other challenged...

Source-derived case information.

Parties
Petitioner: D. A. V. College etc.; Respondent: State of Punjab & Ors.
Jurisdiction
India
Judgment Date
05 May 1971
Procedural Posture
Writ Petition (under Article 32) / Final Disposition by Supreme Court
Outcome
Petitions partly allowed
Legal Topics
Minority Rights Under Article 30, Affiliation of Educational Institutions, Legislative Competence, Fundamental Rights (articles 14, 19, 29, 30)
Constitutional Law Education Law Minority Rights Under Article 30 Affiliation of Educational Institutions Legislative Competence Fundamental Rights (articles 14, 19, 29, 30)

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Summary, issues, holding and outcome

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Parties

D. A. V. College etc.

Petitioner

State of Punjab & Ors.

Respondent

Procedural Posture

Writ Petition (under Article 32) / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether the Arya Samajis constitute a religious and/or linguistic minority under the Constitution of India?
  2. 2 Whether provisions of the Guru Nanak University (Amritsar) Act, 1969 and related statutes violate Articles 14, 19(1)(c), 29(1), 30(1) of the Constitution?
  3. 3 Whether compulsory affiliation of petitioners' colleges to the Guru Nanak University contravenes their fundamental rights, including freedom of association and rights of minorities to administer educational institutions?

Ratio Decidendi

Clauses 2(1)(a) and 17 of Chapter V of the statutes under the Guru Nanak University (Amritsar) Act, 1969, to the extent that they interfere with the right of the religious minority to administer their educational institutions, are unconstitutional and must be struck down as offending Article 30(1). Other challenged provisions, including s. 5(3), s. 4(2) and (3), and cl. 18, do not infringe the petitioners' fundamental rights, and therefore legislative competence need not be examined in these proceedings.

Court Disposition

Petitions partly allowed

Orders

  • Clause 2(1)(a) and Clause 17 of Chapter V of the statutes under the Guru Nanak University (Amritsar) Act, 1969, are struck down as unconstitutional with respect to the right under Article 30(1).
  • Notification affiliating colleges to Guru Nanak University is upheld; petitions are otherwise dismissed.