General Introduction:
Court: Gujarat High Court
Name of Case: Shri Krishna Rangnath Mudholkar vs Gujarat University And Ors.
Date of Judgment: 24 January, 1962
Equivalent citations: AIR1962GUJ88, (1962)0GLR204, AIR 1962 GUJARAT 88
Bench: J.M. Shelat, P.N. Bhagwati
Legal Issue: Constitutional Validity of Gujarat University Act, 1949 (GUA) in accordance with Articles 29 and 30 of the Constitution
Facts of the Case:
1. Petitioner was father of Shrikant. Shrikant was studying at St. Xavier’s College affiliated to the University of Gujarat (GU) under the GUA. Shrikant wanted to be an advocate of High Court.
2. Secondary education of Shrikant: He took Secondary education in P. G. T. High School, Bombay and M. S. N. High School, Ahmedabad and passed his S. S. C. examination in June 1960 in Marathi Medium as his mother tongue was Marathi.
3. As he wanted to be an advocate practicing in any HC of India, he joined St. Xavier’s College, Ahmedabad, (SXCA) in the First Year Arts Class in June 1960 and passed the First Year Arts Examination in March 1961. Medium of instructions and examination was English.
4. It was when he tried to get admission in the Inter Arts Class conducted by St. Xavier’s College in the English medium of instruction that difficulty arose which led to the filing of this petition.
5. SXCA was affiliated to the GU under the provisions of Section 33 of the GUA.
6. Although SXCA was not established and managed by the private firm Xavier Kelavani Mandal Private Limited (XKMPL), registered under the Indian Companies Act VII of 1913, it received financial aid out of State funds at that time.
7. SXCA was imparting higher education in humanities and sciences.
8. SXCA was providing for teaching and training students as per the approved courses for the Inter Arts Examination held by GU. For this purpose it conducted two types of classes in two mediums – English and Gujarati. In English classes students whose mother tongue is Gujarati and students whose mother tongue is not Gujarati were also admitted by SXCA.
8. This class with English as the medium of instruction was being conducted by SXCA under the permission granted by the second opponent i.e. GU by its circular Dt. 26.6.1961 addressed to the Principals of all affiliated Colleges.
9. The Third opponent i.e. Principal of SXCA, informed Shrikant and petitioner that as per provisions of GUA and Statutes 207, 208 and 209 made by the Senate of GA, Shrikant was denied to attend the Inter Arts Class with English as the Medium of instruction and that it was incumbent upon Shrikant to attend the Inter Arts Class with Gujarati as the medium of instruction. It was also informed that if GU gives permission to him, then he might be allowed to attend Inter Arts Class in English Medium.
10. Petitioner applied to GU for this permission through Principal SXCA, which was denied by the Registrar of GU on 18.7.1961.
11. On Dt. 23.8.1961, GU informed Shrikant that he would be allowed to keep English as a medium of examination but that he would have to attend the Gujarati medium class for instruction. Shrikant was thus denied admission in the Infer Arts class with English as the medium of instruction and was compelled to attend the Inter Arts Class in which Gujarati was the medium of instruction.
12. After the amended Statutes were made by the Senate, Registrar GU by a circular Dt. 5.6.1961, warned Principals of affiliated Colleges that the GUA & the Statutes, Ordinances and Regulations made under GUA relating to the medium of instruction must be complied with for otherwise the penalty of automatic disaffiliation under Section 38A would be incurred by such affiliated colleges. Copy of amended Sections 4 (27) and 38A and amended Statutes 207 & 209 were also provided to the colleges.
13. On 22.6.1961, Vice Chancellor of GU, empowered under Section 11(4) (a) issued a circular permitting students who had done their secondary education through the medium of English and who had further continued their studies in First Year Arts class in the year 1960-61 through English as a medium of instruction, to continue to use English as the medium of instruction in the Inter Arts Class for the year 1961-62 and the colleges to make arrangements for giving instruction to such students through the medium of English for the year 1961-62. As Shrikant had not done his secondary education through the medium of English, this concession was not available to him.
14. Shrikant had never taken education in Gujarati in his past school education and had consequently only a superficial knowledge of Gujarati, which might cause difficulty to understand any subject taught in Gujarati. On the other hand he was having better understanding of English, hence he wanted admission in English medium classes. But he was denied due to Circular of GU Dt. 5.6.1961 issued by the GU office bearers to the Principals of all affiliated colleges. This was done according to Sections 4 (27) and 38A of GUA, Statutes 207, 208 and 209 made by the Senate of GU in 1954 and amended at the meetings held on 9th, 10th, 30th and 31st March, 1961.
15. The Memorandum of Association (MoA) of Xavier Kelavani Mandal Private Limited establishes it as a private company to manage Roman Catholic educational, religious, and charitable institutions. Its primary objects include acquiring properties linked to Catholic entities like the Ahmedabad Mission, operating colleges, schools, hostels, and orphanages, and managing funds for religious purposes. The company restricts membership to 15 non-employees, with share transfers requiring Board approval to prevent external control. Shares must be transferred to Director-nominated nominees if a member leaves India permanently or dies, with the Superior Regular of the Ahmedabad Mission acting as attorney for such transfers. Centralized control is vested in the Superior Regular, who serves as Director General with unchecked authority to override Board decisions, ensuring alignment with the Church’s objectives. These provisions prioritize autonomy, religious continuity, and institutional integrity under the Indian Companies Act, maintaining the company as a private, Church-governed entity.
Contention of Petitioner
1. Under Section 4(27) of GUA, GU has no power to impose Gujarati or Hindi and prohibit use of English as a medium of instruction and hence Statutes 207, 208 and 209 are, therefore, ultra vires and void.
2. Proviso of Section 4(27) provides that Hindi or Gujarati are one of the mediums and not only medium of Instructions and examinations and does not extend to forbid the use of English or any other language as a medium of instruction and examination. Thus Statutes 207, 208 and 209 are, therefore, ultra vires and void.
3. The subject matter of medium of instruction and examination falls within Entry 66 of List 1, hence new proviso of Section 4(27) by Act IV of 1961 is event beyond the Legislative competence of the State Legislature. Hence the said proviso is null and void and Statutes 207 and 209 amended due to new proviso are also null and void.
4. If Section 4(27) read with old or new proviso, may empoers GU to impose Hindi or Gujarati as the only medium and to forbid use of English as the medium of instruction and examination, then it is violation of fundamental rights conferred on religious and linguistic minorities under Articles 29(1) and 30(1) of the Constitution and therefor it is null and void and statute made there under are also null and void.
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