Article 29

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Submitted By sidcool
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Supreme Court of India
D. A. V. College Bathinda, Etc vs State Of Punjab & Ors on 5 May, 1971
Equivalent citations: 1971 AIR 1731, 1971 SCR 677
Author: P J Reddy
Bench: Sikri, S.M. (Cj), Mitter, G.K., Hegde, K.S., Grover, A.N., Reddy, P. Jaganmohan
PETITIONER:
D. A. V. COLLEGE BATHINDA, ETC.
Vs.
RESPONDENT:
STATE OF PUNJAB & ORS.
DATE OF JUDGMENT05/05/1971
BENCH:
REDDY, P. JAGANMOHAN
BENCH:
REDDY, P. JAGANMOHAN
SIKRI, S.M. (CJ)
MITTER, G.K.
HEGDE, K.S.
GROVER, A.N.
CITATION:
1971 AIR 1731 1971 SCR 677
ACT:
Punjabi University Act, 1961 (35 of 1961), s. 4(3)- University making Punjabi the sole medium of Instruction and examination-Action ultra vires the power conferred by section-Also infringes rights of religious minority to conserve their script and administer their institutions.
HEADNOTE:
The petitioners are educational institutions founded by the D.A.V. College Trust and Society registered under the Societies Registration Act as an association comprised of Arya Samajis. These institutions were, before the reorganisation of the State of Punjab in 1966, affiliated to the Punjab University constituted under the Punjab University Act, 1947. The Punjabi University was constituted in 1961 by the Punjabi University Act (35 of 1961). After the reorganisation, the Punjab Government under s. 5 (1) of the Act specified the areas in which the Punjabi's University exercised its power and notified the date for the purpose of the section. The effect of the notification was that the petitioners were deemed to be associated with and admitted to the privileges of the University and ceased to be associated in any way with the Punjab University. The Central Government notified under s. 72 of the State Reorganisation Act that the Punjab University ceased to function in the areas notified by the Punjab Government. Thereafter, by a circular dated June 15,…...

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