Section 5 of GUA
Section 5 ensures that educational institutions within the GU area cannot affiliate with or seek privileges from any other university without the State Government’s approval. This means such institutions cannot join or remain affiliated with another university unless permitted by the State. Any existing affiliations or privileges with other universities, enjoyed by these institutions before this section came into effect are automatically revoked. However, institutions already affiliated with the University of Bombay will retain their status and will be transitioned to the University under similar privileges, as far as possible. Essentially, this section enforces exclusive affiliation with GU for institutions in its area, requiring State consent for exceptions. Without approval, institutions must affiliate with GU to operate legally.
If the Section 5 of GUA is read with Section 22 of the UGC Act, then it is clear that if an educational institution situate within GU area wants to exist as an educational institution it must get itself affiliated to GU and submit to the conditions of affiliation which might be lawfully imposed by GU and subject itself to the provisions of the Act and the Statutes, Ordinances and Regulations made by the various authorities of the University under GUA.
Other Provisions of GUA
1. Section 6 of GUA makes provision to give to the University a complexion of catholicity and throws open the doors of education to all alike irrespective of sex, race, creed, class, religious belief or political or other opinion.
2. Section 7 gives the right of inspection and inquiry to the Chancellor of the University.
3. Section 10 deals with the nomination of the Vice-Chancellor.
4. Section 11 lays down Vice-Chancellor’s powers. Amongst these powers is the power under Section 11(4)(a) under which the GC issued the circular Dt. 22.6.1961 permitting students who had their secondary education through the medium of English and who had further continued their studies in First Year Arts Class in 1960-61 through English as the medium of instruction, to continue to use English as a medium of instruction and examination in the Inter Arts Class for the year 1961-62.
5. Section 16 provides for the constitution of the Senate.
6. Section 18 lays down the powers and duties of the Senate. In short as per Section 18 of GUA, the Senate oversees academic functions: designing courses, research, and affiliating colleges. It provides shared facilities such as labs and libraries, establishes departments, appoints faculty, offers scholarships, and confers degrees. It creates statutes, manages finances, and elects officials, ensuring quality education and governance within the University’s framework. If the University has not the power, the Senate and the Syndicate which are its limbs, cannot have such power.
7. Clause (xiv) of section 18 provides as “to make provision relating to the use to Gujarati or Hindi in Devnagari script or both as a medium of instruction and examination“.
8. Section 19 deals with the constitution of the Syndicate and its powers and duties are enumerated in Section 20. The Syndicate manages the University’s finances, property, and contracts, prepares budgets for Senate approval, and allocates funds for infrastructure such as buildings, labs, hostels. It oversees affiliated colleges, ensures their efficiency, and inspects them. The Syndicate appoints staff, defines roles, and recognizes teachers from affiliated colleges. It awards scholarships, conducts exams, and publishes results. It also manages research institutes and ensures proper employment conditions. These powers are derived from the Act, Statutes, and Regulations, ensuring financial and academic governance.
9. Section 21 lays down the constitution of the Academic Council and its powers and duties are prescribed in Section 22. Section 22 (2) (xi) specifically empowers, the Academic Council constituted under the Act “to make Regulations prescribing the manner for granting exemptions from approved courses of studies in the University or in affiliated colleges for qualifying for degrees, titles” etc.
10. Section 28 enumerates the matters for which the Senate may make Statutes. It is important to note that medium of instruction and examination in affiliated colleges is not a matter mentioned in Section 28 for which the Senate can proving by making the Statutes. If the University has not the power, the Senate and the Syndicate which are its limbs, cannot have such power.
11. Sections 30 and 31 provide for the making of Ordinances by the Syndicate.
12. Section 32 provides for the making of Regulations by the Academic Council and the framing of Rules by any authority of the University other than the Senate, the Syndicate and the Academic Council.
Affiliation and Recognition under GUA
1. A college applying for affiliation to the University has to satisfy the Syndicate and the Academic Council that the provisions set out in Section 33 (1) have been carried out or will be carried out by the college.
2. It is important to note that none of the provisions in Section 33 (1) which are required to be carried out by a college seeking affiliation lays down that the College shall adopt any particular medium of instruction and examination which may be prescribed by the University.
3. Section 33 (2) lays down the procedure to be followed on the application for affiliation.
4. Section 33 (3) vests the power to grant or refuse the application for affiliation in the State Government.
Section 37
Section 37 lays down the circumstances under which the rights conferred on a College by affiliation may be withdrawn. This section enacts that the rights conferred on a college by affiliation may be withdrawn in whole or in part or modified if the college has failed to carry out any of the provisions of Section 33 (1) or the college has failed to observe any of the conditions of its affiliation or the college is conducted in a manner which is prejudicial to the interests of education.
The power to make an order of withdrawal or modification of the rights conferred on a college by affiliation is vested by the section 37 in the State Government and the State Government may, alter the prescribed procedure is followed, make such order of withdrawal or modification as it thinks fit.
It was noticed by the HC that under section 37 there is no power to withdraw the rights conferred on a college by affiliation on the ground of breach of any of the provisions of GUA or the Statutes, Ordinances or Regulations made under GUA.
There are only three grounds on which affiliation of a college Once granted can be withdrawn under Section 37. These are: (1) failure to carry out any of the provisions of Section 33 (1), (2) failure to observe any of the conditions of affiliation and (3) conducting the college in a manner prejudicial to the interests of education. Obviously none of these three grounds is referable to the medium of instruction. The Act does not even vest the ultimate power in the University either to grant or to withdraw affiliation. The Act vests that power in the State Government.
Section 38A
8. The Section 38A was introduced in the Act by Act IV of 1961. This section is in the following terms:
38A. (1) Every affiliated college and recognised institution, shall in respect of the medium of instruction, teaching, training and examination therein, comply with the provisions made in that behalf fay this Act, and the Statutes, Ordinances’ and Regulations made under it.
(2) If any affiliated college or recognised institution contravenes the provisions of Sub-section (1), then notwithstanding anything contained in the other provisions of this Act-
(a) the rights conferred on such college or institution by the affiliation or recognition shall stand withdrawn from the date of such contravention, and
(b) such college or institution shall cease to be an affiliated college or recognised institution for the purposes of this Act.
9. Any penal consequence imposed or incurred under Section 38-A cannot be said to be warranted by any law because Section 38-A cannot penalize a breach of a Statute which is ultra vires the Senate. Section 38-A appears therefore to have been enacted on an erroneous assumption that the Act contain a power in the University to impose a particular language as medium of instruction.
Statutes of GU Senate
12. We next turn to the Statutes made by the Senate of the University. The Senate in purported exercise of its powers under GUA, made Statutes 207, 208 and 209 in 1954.
Statute 207
Statute 207 provided that-
(1) Gujarati shall be the medium of instruction and examination;
(2) Notwithstanding anything in Clause (1), English shall continue to be the medium of instruction and examination for a period, not exceeding ten years from the date on which Section 3 of the Act came into force, except as prescribed from-time to time by the Statutes;
(3) Notwithstanding anything in Clause (1), non-Gujarati students and teachers will have the option, the former for their examination and the latter fop their teaching work, to use Hindi as the medium, if they so desire; and
(4) Notwithstanding anything in Clauses (1), (2) and (3), the medium of examination and instruction for modern Indian languages may be their respective languages.
Under Statute 207 the option of Hindi to non-Gujarati students was given only for examination and not for instruction.
Statute 208
Statute 208 shifted instruction/exams from English to Gujarati/Hindi by 1955–56 but allowed temporary English use until 1961 for exams (not instruction). This created a conflict, i.e. students could write exams in English without proper English-medium teaching, leading to mismatched instruction and assessment, causing academic inconsistency.
Statute 209
Statute 209 replaced English with Gujarati/Hindi for exams/instruction by 1955–56 but allowed temporary English use until 1961. The anomaly persisted: students could write exams in English without English-medium instruction, leading to mismatched learning and assessment, causing academic challenges.
Amendments in Statutes
Statutes 207 and 209 were amended by the Senate at the meetings held on 9th, 10th, 30th and 81st March 1961, after Act IV of 1961 was passed.
Statute 207 as amended provides inter alia as follows: –
(1) Gujarati shall be the medium of instruction and examination, but Hindi will be permitted as an alternative medium of instruction and examination in the faculties of medicine, technology including engineering and law and in all faculties for post-graduate studies.
(2) Notwithstanding anything in Clause (1), English be continued to be the medium of instruction and examination for such period and in respect of such subjects and courses of study as may from lime to time be prescribed by the Statutes under Section 4 (27) for the time being in force.
(3) Notwithstanding anything contained in Clause (1), students and teachers whose mother-tongue is not Gujarati will have the option, the former for their examination and the latter for their instruction, Jo use Hindi as the medium if they so desire.
(4) Notwithstanding anything contained in Clauses (1) and (3), affiliated colleges, recognised institutions and University departments as the case may be, will have the option to use for one or more subjects Hindi as the medium of instruction and examination for students whose mother-tongue is not Gujarati.
Thus no affiliated college or recognised institution can use any language other than Gujarati or Hindi in certain limited cases as a medium of instruction or examination and that English can be used as a medium of instruction and examination only for such period and in respect of such subjects & courses of study as may be prescribed by the Statutes under Section 4(27).
Statute 208 remains the same as before.
Statute 209 as amended provides that the medium of instruction and examination in all subjects in the examinations enumerated therein shall cease to be English and shall be as laid down in Statute 207 as amended with effect from the years mentioned against the respective examinations.
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.