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

Citation: [1971] SUPP. 1 S.C.R. 688 · Decided: 05-05-1971 · Supreme Court of India · Bench: S.M. SIKRI · Disposal: Case Partly allowed
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Judgment (excerpt)

688 
A 
B 
c 
D 
E 
F 
G 
H 
D. A, V. COLLEGE ETC. 
v. 
STATE OF PUNJAB & ORS. 
May 5, 1971. 
IS. M. Sncru, C. J., G. K. MITTER, K. s. HEGDE, A. N. GRovuR 
AND P. JAGANMOHAN REDDY, JJ.] 
Constitution of India, Arts 29(1), 30(1), 19 and 14.-Guru Nanak Uni-
versity (Amritsar) Act (21 of 1969)-Sections 4(2), (3), 5, els. 2(1) (a) 17 
and 18 of Statutes-If violative of the constitutional guarantees-Religious 
minority, determination-Arya Samajis, if religious minority. 
Constitution of India, Art. 32-Questions of legislative comp~tcnce, 
agitation of. 
The Arya Samaj is a reformist movement, believes in one God and in 
the Vedas as the books of true knowledge. It has a distinct organisation 
the membership of which is open to all those who subscribe to its aims 
and objects. It admits to membership only those Hindus who >ubscribe 
to the deca/ogue and its beliefs in the cannons of Vedic interpretation laid 
down by its founder, but, all outsiders who are non-Hindus must undergo 
a ceremony of purification or Shudhi. Under bye-law 32 of the Constitu-
tion of the Arya Somoj the proceedings of all meetings and sub-committees 
will have to be written in Arya Bhasha-in Hindi language and Devnagari 
character. 
The Dayanand Anglo Vedic College Trust, formed to perpetuate the 
memory of the founder of the Arya Samaj runs various institutions in the 
Country. The petitioners-<:olleges managed and administered by the Trust 
and the Managing Society were, before the Punjab Reorganisation Act, affi-
liated to the Punjab University constitute<) under East Punjab Act 7 of 
1947. After the reorganisation of the State of Punjab in 1969, the Punjab 
Legislature passed the Guru Nanak University (Amritsar) Act (21 of 1969) 
establishing a University. In exercise of the powers conferred by s. 5 the 
first respondent specified the districts in the State of Punjab over which 
the University was to exercise its power and notified the date on which 
the colleges in the areas so specified ceased to be affiliated to the Punjab 
University and were to be associated with and admitted to the privileges 
of the new university. Sub-section (2) of s. 4 of the Act enacted that the 
University "shall make provision for study and research on the life and 
teachings of Guru Nanak and their cultu~al and religious impact in the 
context of Indian and World Civilisation; and sub.s. (3) enjoined the Uni· 
versity "to promote studies to provide for research in Punjabi language 
and literature and to undertake measures for the development of Punjabi 
language, literature and culture". By cl. 2(1) (a) of the Statutes ill Ch. V, 
framed under the Act, the colleges were required to have a regularly con-
stituted governing body consisting of not more than 20 persons approved 
by the senate including, among others, two representatives of the Univer-
sity and the principal of the College, ex officio. Under Cl. (I} (3) if these 
requirements were not complied with the affi.liation was liable to be with-
drawn. By cl. 18 the staff initially appointed were to be approved by the 
Vice Chancellor and subsequent changes had to be reported to the Univer-
sity for the Vice-Chancellor's approval. 
And by cl. 18 non-government 
colleges were to comply with the requirements !aid down in the ordinance 
governing service and conduct of te11chers. 
D. ,\, V. COLLEGE V. PUNJAB 
689 
In petitions filed under Art. 32 of the Constitution it was contended 
A 
that the main object of the Act was to propagate Sikh religion and to pro-
mote Punjabi language in Gurumukhi script and that since the petitioners 
-institutions belonged to a minority based on religion and language their 
compulsory affiliation violated Arts. 29(1) and 30(1) of the Constitution. 
In support of this it was submitted that s. 5(3) of the Act and also els. 
2(1)(a), 17 and 18 of the statutes in Ch. V. interfered with the management 
of minority institutions and therefore violated the guarantee under Art. 30; 
B 
that tho statutory 
affiliation being compulsory affected 
the petitioners 
freedom of association guaranteed under Art. 19(1) (c); and that ss. 4(:) 
and 4(3) contravened Arts. 29(1) & 30(1) and was discriminatory. 
The 
petitioners further contended that in view of s. 72 of the Reorganisation 
Act the State Legislature was not competent to enact s. S which eo1powered 
the State Government bf notification to compulsorily disaffiliate from the 
Punjab University all colleges including the colleges of minorit
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