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

Citation: [1971] SUPP. 1 S.C.R. 677 · Decided: 05-05-1971 · Supreme Court of India · Bench: S.M. SIKRI · Disposal: Appeal(s) allowed

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Judgment (excerpt)

677 
D. A. V. COLLEGE BATBINDA, ETC. 
v. 
STATE OF PUNJAB & ORS. 
May 5. 1971 
[S. M. Snrn. c. J .• G. K. MITTER, K. s. HEGDE, A. N. GROVER AND 
B 
P. JAGANMOHAN REDDY, JJ.] 
Punjabi University Act, 1961 (35 of 1961), s. 4(3}-University making 
Punjabi the sole medium of Instruction and examination-A~tion ultra vrres 
the power conferred by section-Also infringes rights of religious minority 
to conserve their script and administer theif institutions. 
The petitioners are educational institutions founded by the D.A.V. 
College Trust and Society registered under the Societies Registration Act 
as an association comprised of Arya Samajis. These institutions were. be-
fore the reorganisation of the State of Punj~b in 1966, affiliated to the 
Punjab University constituted under the Punjab University Act, 1947. The 
Punjabi University was constituted in 1961 by the Punjabi University Act 
(35 of 1961). After the reorganisation, the Punjab Government under s. 5 
(I) of the Act specified the areas in which the Punjabi'• University exercis-
ed its power and notified the date for the purpose of the section. The 
effect of the notification was that the petitioners were deemed to be asso-
ciated with and admitted to the priveleges of tQe University and ceased 
to be associated in any way with the Punjab University. The Central Gov-
ernment notified under s. 72 of the State Reorganisation Act that the Pun-
jab University ceased to function in the areas notified by the Punjab Gov-
ernment. Thereafter, by a circular dated June 15, 1970, the University 
declared that Punjabi "will be the sole medium of instruction and examina-
tion for the pre-university even for science group with effect from the aca-
demic session 1970-71". 
Later, the University by_ circular dated July :?, 
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 . .\rt. 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 peti~ 
tioners right to conserve their script and administer their institutions in 
their own way. 
· 
HELD: (i) The circular <>f 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 conclusion is further reinforced by the nature of the power which is 
only "to progressively adopt it as a medium of instruction and examination 
for as many subjects as possible". [686H-687D] 
G 
D 
p 
G 
H 
678 
SUPREME COURT REPORTS 
(1971] SUPP. S.C.ll· 
A 
Gujarat University Ahmedabad v. Krishna Ranganath Mudholkar, 
(1963] Supp. I S.C.R. 112, relied on. 
B 
c 
R. Chitralekha v. State of Mysore, (1964] 6 S.C.R. 368, referred to. 
(ii) Further, the petitioners are institutions maintained by a religious 
minority and as such the directive for the exclusive use of the Punjabi 
language in the Gurmukhi script as the medium for instruction and for 
examination in all colleges directly infringes the petitioners right to Con-
sume their script and administer their institutions. The relaxation made 
subsequently in the earlier directives .of the University makes little differ-
ence because, the concession does not benefit students with Hindi as the 
medium as Devanagari as their script The right of the minorities to esta-
blish and administer educational institutions of their choice includes the 
right to have a choice of the medium of instruction also. This would be 
the result of reading Art. 30(1) with Art. 29(1). 
No inconvenience or 
difficulties, administrative or financial can justify the infrin

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