AIR 1962 GUJARAT 88

Gujarat High Court

Hon'ble Judge(s): J. M. Shelat, P. N. Bhagwati, M. R. Mody , JJJ

(A) Gujarat University Act (50 of 1949) , S.4(27), S.38A, S.18, S.28— Act gives no power to the University to lay down Gujarati or Hindi as medium of instruction and examination for institutions affiliated to the University or to prohibit use of English in such institutions - Statutes 207, 208 and 209 are null and void. Statutes 207 to 209 in so far as they seek to lay down and impose Gujarati and/or Hindi in Devanagari script as the media of instruction and examination on institutions other than its own institutions are unauthorised and beyond the powers of the Gujarat University and the Senate and are therefore null and void as neither S.4(27) nor any other provision of the Act empowers the University to lay down Gujarati or Hindi as a medium of instruction and examination for such institutions or to forbid the use of English as a medium of instruction and examination for and in such institutions. Assuming however that Sec.4(27) and/or any other provisions of the Act do contain such power that power at best is only to lay down Gujarati or Hindi as one of the media of instruction and examination and not as the only medium of instruction and examination to the exclusion of other languages and does not extend to forbid the use of English or any other language as a medium of instruction and examination and Statutes 207, 209 are therefore null an....