Gujarat University Act, 1949: Explanation
Introduction
1. GUA was passes by the Legislature of the then Province of Bombay on 23.11.1949.
2. As per long title the Act was passed to establish a teaching and affiliating GU. Hence by the Act the University was constituted a body corporate having perpetual succession and a common seal. It may be mentioned here that the objects of the University as appearing from the long title and the preamble are only teaching and affiliation and it nowhere appears that it is an object of the University to impose or enforce any particular language as a medium of instruction and examination.
3. As per preamble GU was established to decentralize and reorganize university education in the then Province of Bombay.
Definitions under GUA
1. Section 2 (1) defines an “Affiliated College” to mean a college affiliated under Section 5 or 33 of the Act.
2. “College” under Section 2 (2) means a degree college or an inter-mediate college.
3. “Degree College” is defined in Section 2 (3) to mean an affiliated college which is authorised to submit its students to an examination qualifying for any degree of the University.
4. “Intermediate College” means under Section 2 (6) an affiliated college other than a degree college.
5. A “Recognized institution” is defined in Section 2 (8) to mean an institution for research or specialized studies Other than an affiliated college and recognized as such by the University.
6. A “Constituent College” as defined in Section 2 (2A) means a University College or an affiliated college made constituent under Section 41. This is different from an “Affiliated College” Or a “Recognized institution”
7. Section 2 (15A) defines a “University College” to mean a college established or maintained by the University under the Act or a college transferred to the University and maintained by it.
8. A “University Department” is defined in Section 2 (16) to mean any college, post-graduate or research institution or department maintained by the University.
9. An “Affiliated College” is a private college which is associated with the University only by way of affiliation.
10. The teaching function of the University would obviously be conducted through University Colleges and University Departments as distinguished from Affiliated Colleges which relate only to the affiliating function of the University.
Powers of University
1. In 27 clauses of Section 4 various powers of the University are described.
2. GUA has both teaching and affiliating functions, some of the powers relate only to the teaching function, some other powers relate only to the affiliating function while some others are general in nature.
3. Clauses (1), (3), (4), (5) and (6) relate to the teaching function of the University and they have, therefore, nothing to do with affiliated colleges.
4. Clause (7) empowers the University to lay down the courses of instruction for various examinations.
5. Clause (8) authorizes the University to guide the teaching in colleges or recognized institutions.
6. The powers under Clauses (7) and (8) are conferred on the University because they are incidental to the power of the University under Clause (10) to hold examinations and confer degrees, titles, diplomas and other academic distinctions. Clause (10) of Section 4 deals with the power of the University to hold examinations and confer degrees, diplomas etc. The clause would mean that the University is empowered to hold, examinations and to confer degrees etc., on persons who have pursued approved courses of study in the University or in an affiliated college “in the manner prescribed by the Statutes, Ordinances and Regulations” and have passed the examination prescribed by the University.
7. Clause (13) confers power on the University to admit educational institutions to the privileges of the University and to withdraw such privileges while power to inspect colleges and recognized institutions.
8. To take measures to ensure that proper standards of instruction, teaching or training are maintained in them is given to the University by Clause (14).
9. University has under Clause (15) the power to control and co-ordinate the activities of, and give financial aid to, affiliated colleges and recognised, institutions.
10. Clauses (23) and (26) deal with the powers of the University to co-ordinate, supervise and control the conduct of post-graduate research work and teaching in the affiliated colleges and recognized institutions and to co-operate with other Universities.
11, The Clause (27), which had raised a bitter controversy between the parties, empowers the University- “to promote the development of the study of Gujarati and Hindi in Devnagari script and the use of Gujarati Or Hindi in Devnagari script or both as a medium of instruction and examination“. The proviso to this Clause 27 was amended by Gujarat Act IV of 1961.
12. Proviso of Clause (27) before amendment was as follows: “Provided that English may continue to be the medium of instruction and examination in such subjects and for such period net exceeding ten years from the date on which Section 3 comes into force as may from time to time be prescribed by the Statutes.“
13. Amendment was carried on Dt. 29.3.1961 by Act IV and proviso of Clause (27) was substituted, relevant portion is as follows:
“Provided that English may continue to be the medium-
(i) of instruction and examination for such period as may from time to time be prescribed by the Statutes until the end of May, 1966 in respect of such subjects and courses of study as may be so prescribed“.
14. Clause (28) empowers the University to do all acts and things whether incidental to the powers conferred by the preceding clauses or not as may be requisite in order to further the objects of the University and generally to cultivate and promote arts, science and other branches of learning and culture.
15. GU was given powers to have its own teaching institutions and departments and to have hostels for the students of such institutions and departments and to appoint therefore its own professors, readers and lecturers. As an examining body and a body having the powers of granting degrees and diplomas, Section 4 confers powers on the University inter alia to hold examinations, to lay down courses of instruction for various examinations, to guide for that purpose teaching in colleges affiliated to it or otherwise and to ensure proper standards of instruction, teaching or training.
16. Clause (27) of Section 4 seeks to do two things namely, (1) to promote the development of the study of Gujarati and Hindi in Devnagari script and (2) to promote the use of Gujarati or Hindi in Devnagari script or both as media of instruction and examination.
17. The policy enunciated in this clause is one for the promotion of development of the study of the two languages and that promotion can be done, it would appear, by encouraging their study, their development and growth by, for instance, establishing chairs in those languages, encouraging research and other work, literary, historical and otherwise, giving scholarships, fellowships and other gifts, but certainly not by prohibition of only one language, namely English.
18. University cannot continue English as the medium of instruction and examination beyond ten years and the proviso empowers it to continue that language for such period or periods and in such subjects as may be prescribed by its Statutes, but not exceeding the period specified therein.
19. Though Section 4 deals with the powers of the University, it nowhere contains in express terms, a power in the University to prohibit affiliated colleges to carry on teaching and instruction in such manner and in such language or languages as they think fit. The scheme of Section 4 and the powers entrusted to the University therein show that such a power is not and could not have been intended to be conferred upon it.
20. The power of the University to promote the use of Gujarati and/or Hindi as “a medium of instruction” in Section 4(27) has reference only to those institutions which are established and maintained by the University in pursuance of its teaching function and not to colleges over which it exercises a certain amount of control prescribed under the Act by reason of affiliation and the power of the University to hold examinations to lay down as incidental thereto approved courses of studies and to confer degrees etc.
21. The Legislature did not empower the University to adopt Gujarati or Hindi as the only medium of examination nor did it empower the University to stop the use of English as a medium of examination.
22. The new proviso again shows that what it seeks to do is to empower the University to continue English as “the medium of instruction and examination” upto May 1966, subject to the use of Gujarati or Hindi as “a” medium but not “the” or the only medium as may from time to time be prescribed.
For Part 3, bookmark this site and visit for daily legal knowledge update. Share this article. What do you think about UGC? Comment below. Thank you for reading.