Judgment

SHAH, J. (with him. B. P. Sinha, C.J.I., Imam, Wanchoo and Rajagopala Ayyangar, JJ.) :

Shrikant son of Shri Krishna Mudholkar appeared for the Secondary School Certificate Examination held by the State of Bombay in March 1960 and was declared successful. He took instruction in the various subjects prescribed for the examination through the medium of Marathi (which is his mother tongue) and answered the questions at the examination also in the medium of Marathi. Shrikant joined the St. Xavier s College affiliated to the University of Gujarat, in the First Year Arts class and was admitted in the section in which instructions were imparted through the medium of English. After successfully completing the First Year Arts course in March, 1961, Shrikant applied for admission to this classes preparing for the Intermediate Arts examination of the University through the medium of English. The Principal of the College informed Shrikant that in view of the provisions of the Gujarat University Act 1949 and the Statues 207, 208 and 209 framed by the Senate of the University, as amended in 1961 he could not without the sanction of the University permit him to attend classes in which instr