The Institutions which have filed the Writ Petitions were before the Punjab Reorganisation Act hereinafter called the Reorganisation Act affiliated to the Punjab University companystituted under the East Punjab Act 7 of 1947 hereinafter called the Punjab University or the Punjab University Act as the companytext admits .
Petition under Article 32 of the Constitution of India for the enforcement of fundamental rights, K. Sen, B. Datta, S. Swarup, J. B. Dadachanji, O. C. Mathur and Ravinder Narain, for the petitioner in W. P. No.
1 in W. P. No.
257 of 1970 .
256 ,of 1970 .
257 to 268 and 271 of 1970 .
N. Goswami and S. N. Mukherjee, for respondent No.
N. Sachthey and Harbans Singh, respondent No.
256 to 268 and 271 of 1970.
Frank Anthony, B. Datta, S. Swarup, J. B. Dadachanji, O. C. Mathur and Ravinder Narain, for the petitioner in W. P. No.
Before the partition of India some of these Institutions were affiliated to the Punjab University, Lahore.
3 in W. P. No.
257 of 1970 .
1 in W. No.
258to 268 and 271 of 1970 .
256 of 1970 .
L. Sibbal, Advocate General, Punjab, R. N. Sachthey and Harbans Singh, for respondent No.
Hardev Singh and Hiralal Kapur, for respondent No.
These Schools and Colleges were established on the lines teachings and principles of Arya Samaj in which the imparting of the vedic culture and religious instructions and worship based on the companycept of Vedas, was and has its essential ingredient.
as would appear from the Constitution of the Arya Samaj.
2 in W. P. No.
256 of 1970 .
Datta, S. Swarup, J. B. Dadachanji, O. C. Mathur and Ravinder Narain, for petitioners in W. P. Nos.
258 to 265, 267 and 268 of 1970 Naunit Lal, B. Datta, J. B. Dadachanji, O. C. Mathur and Ravinder Narain, for the petitioners in W. P. Nos.
After the partition other Universities were set up in Punjab State like the Punjabi University, the Kurukshetra University, the Agricultural University etc.,
ORIGINAL JURISDICTION Writ Petitions Nos.
It is therefore claimed that it being a religious sect and denomination, is a minority within the meaning of Article 30 1 of the Constitution.
C. Chagla, R. N. Sachthey and Harbans Singh, for respondent No.
C. Setalvad, Hardev Singh and Hira Lal Kapur, for respondent No.
The Judgment of the Court was delivered by Jaganmohan Reddy, J. These are fourteen Writ Petitions by various Colleges managed and administered by Dayanand Anglo Vedic College D. A. V. College Trust and the Managing Society, against the Respondents challenging the Constitutional validity of certain provisions of Guru Nanak University, Amritsar, Act 21 of 1969 hereinafter called the University or the Act, as the companytext may permit and in particular Sections 4, 4 2 , 4 3 and 5 of the Act as being violative of Articles 14, 19 1 c and f , 26, 29 1 and 30 1 of the Constitution of India.
Three of such institutions were the Punjab University, the Punjab Agricultural University and the Board companystituted under the provisions of Part III of Sikh Gurdwaras Act 1925.
A Boundary Commission was appointed under the Chairmanship of Shah, J., as he then was, and on the basis of that report Parliament ultimately passed the Reorganisation Act by and under which the State of Punjab and the State of Haryana were formed and certain ,other territories were added to Himachal Pradesh.
each of which had its own territorial jurisdiction.
State of Punjab other than those over which the Punjabi University had jurisdiction were companytinued to be affiliated to the Punjab University.
266 and 271 of 1970 .
256 of 1970 .
After the reorganisation the various Colleges which were in the 1 1969 2 S. C. R. 73.
While this was the position till 1969 the Punjab Legislature in order to mark the 500th Birth anniversary of Shri, Guru Nanak Devji established a University to perpetuate his name.
1 in W. P. No.
2 in W. P. Nos.
Chandigarh, the erstwhile Capital was to be a Union territory and was to serve as Capital of both these States.
There being a strong movement in the State of Punjab by the Sikhs to have a State of their own and others who did number want it, the Government of India being faced with this problem ultimately decided to reorganise the State of Punjab on linguistic basis.
