M.R.MODY, J.M.SHELAT, P.N.BHAGWATI
KRISHNA RANGNATH MUDHOLKAR – Appellant
Versus
GUJARAT UNIVERSITY – Respondent
( 1 ) THIS petition raises questions of considerable importance regarding the construction of certain provisions of the Gujarat University Act 1949 the impact of Articles 29 and 30 of the Constitution on those provisions and the competence of the State Legislature to enact them. The facts giving rise to this petition are few and for the most part undisputed and may be briefly stated.
( 2 ) THE petitioner is the father of Shrikant at present studying in St. Xaviers College which is affiliated to the University of Gujarat under the Gujarat University Act 1949 Shrikant took his secondary education in D. G. T. High School Bombay and M. S. N. High School Ahmedabad and passed his S. S. C. examination in June 1960. The medium of instruction as well as examination throughout the period of his secondary education was Marathi. He took the S. S. C. Examination in Marathi and his mother-tongue is also Marathi. His aim was and continues to be as stated in the petition to qualify himself for practicing as an advocate in any of the High Courts in India and with that object in view he decided to take higher education in St. Xaviers College Ahmedabad. He joined St. Xaviers College A
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