1971 (5) TMI 69 - SC - Indian Laws

Summary

Issues Involved:
1. Vires and constitutionality of Sections 4(2) and 5 of the Punjabi University Act 35 of 1961.
2. Legality of the Notification dated 13-5-1969 extending the University's area of power.
3. Legality of the Circular dated 15-6-1970 as modified by Circular dated 2-7-1970 regarding the medium of instruction and examination.
4. Violation of fundamental rights under Articles 26(1), 29(1), and 30(1) of the Constitution.
5. Legislative competence of the State under Entry 11 of List II versus Union Parliament under Entry 66 of List I.

Detailed Analysis:

1. Vires and Constitutionality of Sections 4(2) and 5 of the Punjabi University Act 35 of 1961:
The Petitioners challenged the vires and constitutionality of Sections 4(2) and 5 of the Punjabi University Act 35 of 1961. They argued that Section 4(2) does not empower the University to make Punjabi the sole medium of instruction and that this power is vested in the Union Parliament under Entry 66 of List I. The Court held that Section 4(2) of the Act, by the use of the indefinite article "a" prefixed to the word medium, does not require Punjabi to be made the exclusive medium of instruction. The power conferred is only "to progressively adopt it as a medium of instruction and examination for as many subjects as possible."

2. Legality of the Notification dated 13-5-1969 extending the University's area of power:
The Petitioners did not initially challenge the Notification under sub-section (1) & (3) of Section 5 of the Act published on 13th May 1969, which resulted in their Colleges becoming affiliated with the University and ceasing affiliation with the Punjab University. The Court found that the affiliation of the Petitioners with the Punjab University is valid and cannot be challenged, as the Central Government had also issued necessary directions for disaffiliation under Section 72(1) of the Reorganisation Act.

3. Legality of the Circular dated 15-6-1970 as modified by Circular dated 2-7-1970 regarding the medium of instruction and examination:
The University issued a Circular on 15-6-1970 declaring that Punjabi would be the sole medium of instruction and examination for the pre-University. This was later modified to allow some relaxation for students who had passed their matriculation examination with English as their medium. The Court found that the University acted in excess of its power by adopting Punjabi as the sole or exclusive medium for Colleges affiliated with the University. The Circulars of 15-6-1970 and 2-7-1970 were struck down as invalid and ultra vires.

4. Violation of Fundamental Rights under Articles 26(1), 29(1), and 30(1) of the Constitution:
The Petitioners, educational institutions maintained by a religious minority, argued that the imposition of Punjabi as the sole medium of instruction infringed their right to conserve their script and administer their institutions. The Court held that the directive for the exclusive use of Punjabi and Gurumukhi script directly infringes the Petitioners' rights under Articles 29(1) and 30(1). The right to establish and administer educational institutions includes the right to choose the medium of instruction.

5. Legislative Competence of the State under Entry 11 of List II versus Union Parliament under Entry 66 of List I:
The Petitioners contended that the State legislature has no competence to make Punjabi the sole medium of instruction, a power vested in the Union Parliament under Entry 66 of List I. The Court referenced the Gujarat University case, holding that while medium of instruction falls within both Entry 11 of List II and Entries 63 to 65 of List I, it is excluded from Entry 11 of List II insofar as it is a necessary incident of the power under Entry 66 of List I.

Conclusion:
The Court allowed the petitions, declaring the impugned Circulars of 15-6-1970 and 2-7-1970 invalid and ultra vires. The University cannot prescribe Punjabi as the exclusive medium of instruction or compel affiliated Colleges established by linguistic or religious minorities to teach in Punjabi or take examinations in that language with Gurumukhi script. The State must harmonize its power to prescribe the medium of instruction with the rights of minorities to have the medium and script of their own choice.