Decided on July 26,1960



S.T.DESAI - (1.)This is a rule taken out at the instance of the petitioners members of the Senate of the Gujarat University against the University the first respondent before us and the Vice-Chancellor of the University who is the second respondent before us. The petition arises out of a resolution sought to be brought before the Senate by a number of requisitionists and which resolution was not allowed to be debated in wake of a point of order raised by one of the members of the Senate. The relief which the petitioners seek from this Court in this petition is as under:-
"....will be pleased to issue a writ of or in the nature of mandamus or any other appropriate writ direction or order requiring the respondents to treat the ruling of the second respondent as void and ineffective and directing the respondents to continue the requisitioned meeting of the Senate held on 28-6-1960 and further directing them to put the resolution contained in item No. 2 of the agenda of the said meeting for consideration treating the said resolution as in order and/or directing the respondents to reconvene the meeting of the Senate immediately for the purpose of considering the said Resolution."

(2.)The facts which are not in dispute or disputable require to be stated in some detail though there is nothing complex about the question that have been raises on this petition. They are simple and easy of solution. The petitioners and a number of members of the Senate who claim to be deeply interested in the case of education in Gujarat and in the welfare of the students studying in the various collages affiliated to the University felt that in view of the non-availability of standard text books in Gujarati particularly for higher studies in colleges and the difficulties experienced by the teachers and students particularly in Faculties of Law Medicines and Technology including Engineering and all post-graduate studies it was necessary to extend the period of change-over to Gujarati medium for teaching in Colleges affiliated to the University which period has been limited to ten years by the proviso to clause 27 of sec. 4 of the Gujarat University Act to be referred to by us hereafter as the Act. In view of the situation aforesaid the petitioners and a number of members of the Senate decided to recommend to the State Government and the State Legislature to suitably amend the proviso to clause 27 so as to achieve the change-over to Gujarati medium within a period of twenty years instead of ten years as laid down in that proviso. The proposed resolution was as under:-
"Resolution" "The Senate requests the State Government and the State Legislature to take early steps to amend clause 27 of Section 4 of the Gujarat University Act so as to read as under :- to promote the development of study of Gujarati and Hindi in Devnagari script and the use of Gujarati or Hindi in Devnagari script or both as a medium of instruction and examination:- Provided that English may continue to be the medium of instruction and examination in such subjects and for such period not exceeding twenty years from the date on which section 3 comes into force as may from time to time be prescribed by the Statutes."

(3.)A notice of the proposed resolution was duly given by the required number of requisitionists and a Special meeting of the Senate of the University was convened on 28/06/1960. The second respondent included in the agenda of that requisitioned meeting other business including proposed resolutions by Shri Thakorebhai M. Desai and Shri Chandravadan C. Shah. It is not necessary to set out here the substance of those resolution and it will suffice to observe that in effect they went counter to the proposed resolution of the Petitioners.

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