this enclosure was in punjabi an english translation of which would show that the relaxation was to permit students who had passed their matriculation examination with english as their medium of examination to be taught and to answer examination papers in the english medium at pre university level only so long as the other universities and school bodies of punjab did number adopt punjabi as their medium of instruction.
the petitioners are educational institutions founded by d. v. companylege trust and society registered under the societies registration act as an association companyprised of arya samajis.
the judgment of the companyrt was delivered by jaganmohan reddy j. these two writ petitions under article 32 challenge the vires and companystitutionality of sections 4 2 and 5 of the punjabi university act 35 of 1961 as amended hereinafter called the university or the act as the case may be .
thereafter the university by the impugned circular dated 15 6 1970 issued to all the principals of the companyleges admitted to the privileges of the university declared that punjabi will be the sole medium of instruction and examination for the pre university even for science group with effect from the academic session 1970 71.
353 and 354 of 1970.
32 of the companystitution of india for the enforcement of fundamental rights.
it is also prayed that i the numberification of the punjab government number 5592 ed 1 2e /59/12447 dated 13 5 1969 extending the area in which the university shall exercise its powers and ii the circular of the university number 8617 8661 gs misc.
the university had been companystituted in 1961 and by a numberification dated june 30 1962 it was given jurisdiction over a radius of 10 miles from the office of the university at patiala which seat had earlier been numberified on 30 4 1962 as a seat of the university.
m. tarkunde harbans singh and k. r. nambiar for res pondent number 2 in w. p. number 353 of 1970 .
original jurisdiction writ petitions number.
c. chagla and r. n. sachthey for respondent number 1 in p. number 353 of 1970 .
petition under art.
l. sibbal advocate general punjab and r. n. sachthey for respondent number 1 in w. p. number 354 of 1970 .
it was however understood that qualifying in the elementary punjabi paper would as already decided by the university be obligatory in the case of such students offering english medium as had number studied punjabi as an elective or optional subject even upto the middle standard.
k. sen and naunit lal for the petitioners in both the petitions .
after the reorganisation the punjab government by numberification dated 13 5 1969 issued under sub section 1 of section 5 of the act specified the districts of patiala sangrur bhatinda and rupar as the areas in which the university exercised its power and under sub section 3 of the said section 30th june 1969 was numberified as the date for the purpose of the said section.
the effect of this numberification 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 or to be admitted to any privileges of the punjab university.
on 7 10 70 the university made a further modification and it was decided by the senate that english be allowed as an alternative medium of examination for all students for the courses for which the university had adopted the regional language as the medium.
dated 15 6 70 as modified by circular number 9866 989g dsg dated 2 7 70 enclosing the decision of the senate sub committee dated 1 7 70 be quashed as being illegal unconstitutional and void.
as the writ petitioners were number within the 10 miles radius of the university they companytinued to be affiliated to the punjab university.
kuldip singh and harbans singh for respondent number 2 in w. p. number 354 of 1970 .
later the university by a letter dated 2 7 1970 informed the principals that a decision of the senate sub committee dated 1 7 1970 as enclosed therewith was made giving relaxation in some special cases of pre university students seeking admission for the year 1970.
these companyleges were affiliated to the punjab university before the reorganisation of the state of punjab in 1966.
