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It is therefore clear that when the University issued the Circular of 15-6-970 it intended to make Punjabi the exclusive medium of instruction as well as for examination. The use of the word 'sole' in the circular would mean and imply that it is 'exclusive'. In relation to the examination the medium being Punjabi would mean that the script to be used is exclusively Gurumukhi. Now the directive for the exclusive use of the language and script as the medium of instruction and for examination in all Colleges affects the petitioners Colleges which as we said are institutions maintained by a' religious minority and directly infringes their right to conserve their script and administer their institutions. The relaxation made subsequently in the earlier directives of the University makes little difference because in order to be allowed to take English as an alternative medium of examination it is obligatory for a student to have passed the Matriculation examination with English as the medium of instruction and that unless he has studied Punjabi as an elective or optional subject even upto the. middle standard he is required to qualify in the elementary Punjabi paper. This concession However does not benefit students with Hindi as their medium and with Devnagri as their script because for them Punjabi medium is obligatory in the pre-University courses. If as is contended that teaching in the regional language, which means in the mother tongue, accelerates the pace of educational and cultural development and makes for improvement and excellence of educational standards this criteria is equally applicable to the religious or linguistic minorities or to any other Section of the citizens who have a distinct language, script and culture and whose right to conserve them, and to administer their institutions are guaranteed under Article 29(1) and 30(1) of the Constitution. The right of the minorities to establish and administer educational institutions of their choice would include the right to have a choice of the medium of instruction also which would be the result of reading Article 30(1) with Article 29(1). But if the University compulsorily affiliates such Colleges and prescribes the medium of instruction and examination to be in a language which is not their mother tongue or requires examination to be taken in a script which is not their own, then it interferes with their fundamental rights. It is true as is contended by the learned advocate for the second, Respondent, no linguistic minority can claim that the University shall conduct its examinations in the language or script which the minority institutions have a right to adopt but in such a case it must not force those Institutions to compulsorily affiliate themselves and impose on them a medium of instruction and script not their own. This Court had in the State of Bombay v. Bombay Education Society & Ors. (1) while dealing with a circular issued by the State (1) [1955] 1 S. C. R. 568.

The State must therefore harmonise its power to prescribe the medium of instruction with the rights of the religious or linguistic minority or any section of the citizens to have the medium of instruction and script of their own choice by either providing also for instruction in the media of these minorities or if there are other Universities which allow such Colleges to be affiliated where the medium of instruction is that which is adopted by the minority institutions, to allow them the choice to be affiliated to them. When the country has been reorganised and formed into linguistic States it may be the natural outcome of that policy to allow Colleges established by linguistic and religious minorities giving instructions in the medium of language adopted by the Universities in Other States to affiliate to them or if it wants Colleges including the minority institutions to be affiliated to it, to make provi- sion for allowing instruction to be given and examination to be conducted in the media and script of the minorities when it imposes a regional language as the medium of instruction for the University. No inconvenience or difficulties, administrative or financial can justify the infringement of the guaranteed rights. It is also worthy of note that no State has the legislative competence to prescribe any particular medium of instruction in respect of higher education or research and scientific or technical instructions, if it interferes with the Power of the Parliament under item 66 of List I to coordinate and determine the standards in such institutions.

In the Gujarat University Ahmedabad v. Krishna Ranganath Mudholkar (1) the Respondent whose medium of instruction in the first year Arts Class in St. Xaviers College affiliated to the Gujarat University, was English was refused admission to Intermediate Arts courses to study for the examination through the English medium in view of the provisions of the University and certain statutes framed by the Senate which were subsequently amended. One of the provisions challenged was Section 4(27), which empowered the University "to promote- the development of the study of Gujarati and Hindi in Devnagri script or both as a medium of instruction and examination". Prior to the amendment the proviso permitted that English may continue to be the medium of instruction and examination for a period not exceeding ten years but in 1961 it was amended and certain other periods were fixed and power given to implement the provisions. The details of the amendment are not relevant for our purpose. The High Court of Gujarat issued Writs not to, enforce the provisions of Sections 4(27) and the other provisions which were challenged. In a appeal two questions were urged before this Court : (1) whether the University had the power under the Act to prescribe Gujarati or Hindi or both as exclusive medium or media or instruction and examination and (2) whether legislation authorising the University to impose such media was constitutionally valid in view of entry 66 of List I of the VII Schedule. It was held by the majority, Subba Rao, J., as he then was dissenting, that (1) neither under the Gujarat University Act as originally enacted nor as amended in 1961 was the University empowered to impose Gujarati or Hindi as the exclusive medium of instruction. That this was the intention, was clear because of the use of the indefinite article ' a immediately preceding the medium of instruction while in the proviso in relation to English being continued the definite article 'the' preceded the medium of instruction to make that the exclusive medium for the periods specified. (2) While item 11 of List II and item 66 of List I may overlap recourse must be had to a harmonious construction and where they overlapped, Union legislation must prevail over the State legislature, and since medium of instruction is not an item in the legislative list it necessarily falls within item II of List II as also within items 63 to 65 of List I. It was also of the view that insofar as it is a necessary incident of the power under item 66 it must be deemed to be excluded from item II of List II.

Applying the decision to facts of this case there is no difficulty in holding that Section 4 (3) of the Act which is in similar terms to Section 4 (27) of the Gujarat Act, by the use of the indefinite Article a prefixed to the word medium, does not require (1) [1964] 6 S. C. R. 368.

Punjabi to be made 'the exclusive medium of instruction. This conclusion is further reinforced by the nature of the power which is only "to progressively adopt it as a medium of instruction and examination for as many subjects as possible". The University by adopting Punjabi as the sole or exclusive medium for the Colleges affiliated to the University, notwithstanding the concessions granted, acted in excess of the power conferred on it. While the University can prescribe Punjabi as a medium of instruction it cannot prescribe it as the exclusive medium nor compel affiliated Colleges established and administered by linguistic or religious minorities or by a Section of the citizens who wish to conserve their language script and culture, to teach in Punjabi or take examination in that language with Gurmukhi script. The University Act having compulsorily affiliated these Colleges must of necessity cater to their needs and allow them to administer their institutions in their own way and impart instructions in the medium and write examination in their own script. In this view the petitions are allowed with costs. The impugned Circulars of 15-6-1970 as amended by Circular of 2-7-1970 in terms of the resolution of the Senate Sub-Committee of 1-7- 1970 and that of 7-10-1970 are struck down as being invalid and ultra vires of the powers vested in the University. Costs one hearing fee.