Case Summary - The Ahmedabad St. Xavier's College Society Vs State of Gujarat (1974)
(1974) 04 SC CK 0044
In The Supreme Court of India
Case No: Writ Petition Nos. 232 and 233 of 1973
The Ahmedabad St. Xavier's College Society and Another (Appellant)
Vs
State of Gujarat and Another (Respondent)
Date of Decision: 26-04-1974
Bench: Full Bench
Hon'ble Judges: A. N. Ray, C.J; Y. V. Chandrachud, J; S. N. Dwivedi, J; P. Jaganmohan Reddy, J; M. Hameedullah Beg, J; K. K. Mathew, J; H. R. Khanna, J; D. G. Palekar, J; A. Alagiriswami, J
Final Decision: Disposed Of
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All Citations
AIR 1974 SC 1389; (1974) 1 SCC 717; (1975) 1 SCR 173
Facts of the Case
The case concerned the constitutional rights of religious and linguistic minorities under Article 30 of the Constitution to establish and administer educational institutions imparting general secular education. The petitioners, minority-run institutions, challenged provisions of the Gujarat University Act that they claimed infringed their rights under Articles 29 and 30.
Law Points Raised
1. Whether Articles 29(1) and 30(1) are mutually exclusive.
2. Scope of Article 30(1) in relation to general secular education.
3. Whether minorities have a fundamental right to affiliation with universities.
4. Whether State regulations on affiliated colleges infringe minority rights under Article 30.
Acts / Provisions / Articles Referred
• Constitution of India — Articles 14, 19, 25, 26, 27, 28, 29, 29(1), 30, 30(1), 30(2), 32, 226
• Gujarat University Act, 1949 — Sections 33A, 40, 41, 51A, 52A
• Kerala University Act, 1969 — Sections 48, 49
Judgements Referred
• Kerala Education Bill case (1959) — Article 30 includes general secular education.
• Precedents affirming that Article 29 and 30 confer separate rights.
Obiter Dicta
Article 30 protection aims to integrate minorities into the national mainstream while preserving their identity, ensuring they can impart general education to prepare students as complete citizens.
Ratio Decidendi
Articles 29(1) and 30(1) confer distinct rights; Article 30(1) is not confined to conserving language, script, or culture, and includes the right to impart general secular education. Denial of affiliation without reasonable grounds would render Article 30 rights ineffective.
Final Ruling
The Supreme Court upheld that minority institutions have the right to establish and administer general secular education institutions. Affiliation can be subject to reasonable regulations but cannot be denied in a manner that nullifies Article 30 rights.
Summary
This landmark judgment clarified that Article 30 rights extend beyond religious or cultural preservation to include general secular education. The decision reinforced the autonomy of minority institutions while allowing for reasonable State regulation, ensuring equality and integration in the educational framework.
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