KRISHNA RANGNATH MUDHOLKAR Vs. GUJARAT UNIVERSITY

JUDGEMENT

(1.) This petition raises questions of considerable importance regarding the construction of certain provisions of the Gujarat University Act 1949 the impact of Articles 29 and 30 of the Constitution on those provisions and the competence of the State Legislature to enact them. The facts giving rise to this petition are few and for the most part undisputed and may be briefly stated.

(2.) The petitioner is the father of Shrikant at present studying in St. Xaviers College which is affiliated to the University of Gujarat under the Gujarat University Act 1949 Shrikant took his secondary education in D. G. T. High School Bombay and M. S. N. High School Ahmedabad and passed his S. S. C. examination in June 1960. The medium of instruction as well as examination throughout the period of his secondary education was Marathi. He took the S. S. C. Examination in Marathi and his mother-tongue is also Marathi. His aim was and continues to be as stated in the petition to qualify himself for practicing as an advocate in any of the High Courts in India and with that object in view he decided to take higher education in St. Xaviers College Ahmedabad. He joined St. Xaviers College Ahmedabad in the First Year Arts Class in June 1960 and passed the First Year Arts Examination in March 1961. He was instructed in the First Year Arts Class in the English medium and he also answered all papers at the First Year Arts Examination in English language. It was when he tried to get admission in the Inter Arts Class conducted by St. Xaviers College in the English medium of instruction that difficulty arose and which led to the filing of this petition.

(3.) St. Xaviers College receives financial aid out of State funds and is affiliated to the University of Gujarat under the provisions of section 33 of the Gujarat University Act 1949 It is not an institution established managed or maintained by the University but is a private institution established and administered by Xavier Kelavani Mandal Private Limited a Private Limited Company registered at Rajkot under the provisions of the Indian Companies Act VII of 1913. It has its own educational aims and is an institution imparting higher education in humanities and sciences. It inter alia provides for teaching and training students in the approved courses of study prescribed for the Inter Arts Examination held by the University and for that purpose runs two classes one in which the medium of instruction is English and the other in which the medium of instruction is Gujarati. Students whose mother-tongue is not Gujarati as also students whose mother-tongue is Gujarati have been admitted to the class in which the medium of instruction is English and all subjects are being taught to students in this class in English language. This class with English as the medium of instruction is being conducted by the college under the permission granted by the second opponent by his circular dated 26th June 1961 addressed to the Principals of all affiliated Colleges