THE AHMEDABAD ST.XAVIERS COLLEGE SOCIETY & ANR. ETC. versus STATE OF GUJARAT & ANR.

Citation: [1975] 1 S.C.R. 173 · Decided: 26-04-1974 · Supreme Court of India · Bench: A.N. RAY · Disposal: Disposed off
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Judgment (excerpt)

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173 
THE AHMEDABAD ST .. XA VIERS COLLEGE. SOCIETY & 
. 
. 
ANR. ETC. 
r. 
STATE OF GUJARAT & ANR. 
April 26, 197 4 
[A. N. 
RAY 
C.J., D. G. 
PALEKAR, 
P. 
JAGANMOHAN 
REDD<, 
H. R. KHANNA K. K. MATHEW, M. H. BEG, S. N. Dw!VEDI, 
Y. V. CiiANDRACHUD AND A. ALAGIR!SWAMI, JJ.] 
Constitution of India 1950 Arts. 29 and 3~Whether mutually exclusivi-
Scope of 
·Gujarat Univusity Act, 1949-ss. 5, 33A(I) (a), 33A(l)(b), s. 39, s. 40(1) 
and .(2), a. 41(1), s. 51A(I) and 52A-Conslitutiona/ity. 
The first petitioner a religious denomination, run~ a college to provide hiaker 
education to Christian and other students. The petitioner's college was accorded 
af!iliation under •· 33 of tho Gujarat Univeraity Act, 1949 as amended in 1972. 
The Senate of the University passed a resolution that all instruction, .teach-
ing and training in courses of studies in respect of which the University is 
.competent to hold examinations shall, within the University area, be conducted 
by the Unive~ity and shall be imparted by the teachers of tho University. 
Section S ot the Act provides that no educational institution situated within 
the University shall, save with the sanction of the State Government. be a5sociat-
ed in any way with or seek admission to anv privilege of anv other University 
established by law. Section 33A(l)(a) of the Act provides that every Colle.1" 
other than a Government Coliege or a College maintained by the Government, 
shall be under the management of a governing body which includes amon&" 
others. the Principal of: the College and a representative of the University 
nominated by the Vice-Chancellor. 
Section 33A(I) (b)(i) provides that in the 
care of recruitment of the 
Principa~, a selectiOn committee is required to b~ 
constituted consisting of. among others, a representative of the University nomi~ 
nated by the VicC-Chancellor and (ii) in the case of selection of a member of 
the teaching Btaff of the College a selection committee consisting of the Principal 
and a representative of the University nominated by the Vi·:e-Chancellor. 
Sub-
section (3) of the section "States that the provisions of sub-section (1) 
of 
s. 33A sha11 be deemed to be a condition of affiliation of every college referred' 
to in that sub-section. Section 39 
provides 
that 
within 
the 
University 
area all Post.graduate instruction. teaching- and training shall be conducre·d 
by the ·University or by such affiliated 
College or institution and in such 
su~ct~ as may be 
prescribed by statutes. 
Section 40(1) 
enacts that the· 
'Cou.rt of the University may determine 
that all instructions, teaching and 
training in courses of studies in respect of which the Unive.rsHy is competcn.~ 
to ho1d examinations shall he conducted bv the University and shall be imparted 
by the teachers of the University. Sub-section (2) of s. 40 states that the State 
Gover~rnent aball issue a notification declaring that the provisions of s. 41 shalf 
come into force on such date as may be stx"cified in the notification. 
Section 
41(1) of the Act slates that all colleges within the Univeraity area which are 
a<lmitted to tho privilege of the University under s. 5(3) and all colleges within· 
the said area which may hereafter be affiliated to the University shall be cons· 
ti tu tent colleges of the University. Sub-section ( 4) states that the relations cf 
the constituent colleges and other institutions within the Universitv area sha1J 
be governed by statutes to be made in that behalf. 
· 
Section 51A(l)(b) enacts that no member of the teaching other academic and 
non-teaching stall of an aftlliated college, shall be dismissed or removed or 
re~u~ in. rank except after ~n enquiry _in . accordan~ with. the procedure-
prescnbed m cl. (a) and the penalty to be mft1cted on hlill is approved by the 
V1ce-Chaacellor or any other Officer of the University authorised by the Vice-
174 
SUPREME COURT REPORTS 
(1975) J S.C.R. 
C!limcelloz in,.this behlllf. 
Similarly cl. (b) of sub-section (2) requires that 
.such termmatJOn should be approv.:d by the Vice-Chancellor or any officer of 
the University authorised by the Vice·OJ&ncellor in this behalf. Section 52A(I) 
enacts that any dispute between the governing body and any member of the tea-
ching and other staff ~halt on a ~quest of the governing body or of the n1ember 
.concerned be referr.ed to a- tribuna:l -of arbitration consisting of one member 
nominated by the governing body of t
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