D.A.V. College, Bhatinda v. State of Punjab (1971)

This case explains how minorities in a State can run their own educational institutions. The Court read Articles 29(1) and 30(1) together and protected the choice of language, script, and administration. It also clarified that when State rules on medium of instruction clash with Union power over standards, Union power will prevail.

• Court: Supreme Court of India
• Citation: AIR 1971 SC 1731
• Area: Constitutional Law, Education Law

Can Hindus in Punjab be treated as a minority for Article 30(1)? Can the State prescribe a teaching medium that limits minority rights when Union power covers higher education standards?

• Article 29(1): Right to conserve language, script, and culture.
• Article 30(1): Right of religious and linguistic minorities to establish and administer educational institutions.
• List I, Item 66: Union power to coordinate and determine standards in higher education.
• Harmonious construction: If State medium rules overlap with Union standards, Union prevails; State must act without harming minority rights.

The Court explained the scope of Articles 29(1) and 30(1). A minority is counted at the State level. Arya Samaj institutions, as part of the Hindu minority in Punjab, can claim Article 30(1). The Act did not force Sikh religious teaching and did not damage the petitioners’ language, script, or culture. Where State medium rules touch higher education standards, Union power prevails.

Minority status is State-based. Articles 29(1) and 30(1) protect cultural conservation and institutional autonomy. State policy on medium must not cut these rights and must align with Union control over standards in higher education.

• Sets a clear State-level test for identifying minorities.
• Protects the medium and script choices of minority institutions.
• Balances State language policy with Union education standards.

• Minority = with reference to State population.
• Article 29(1) preserves language, script, culture; Article 30(1) secures institutions.
• State medium rules cannot defeat Union standards or minority autonomy.

Mnemonic: STATE-MINOR, UNION-STANDARD

• STATE-MINOR = Minority counted at the State level.
• UNION-STANDARD = Union leads on higher education standards.

3-Step Hook:

1. Identify: Minority in that State?
2. Protect: 29(1) conserve; 30(1) administer.
3. Balance: If standards clash, Union prevails.

Issue: Are Hindus in Punjab a minority for Article 30(1)? Can State medium rules limit their rights despite Union power on standards?

Rule: Minority is State-based; Articles 29(1) and 30(1) protect culture and institutions; Union standards prevail on overlap.

Application: Arya Samaj institutions qualify for Article 30(1). The Act promotes Punjabi culture but does not compel religious instruction or erase cultural rights.

Conclusion: Minority rights affirmed; no unconstitutional compulsion shown; State must act in harmony with Union standards and minority protections.

Minority (Art. 30)

A religious or linguistic group smaller in number in a State, not nationally.

Medium of Instruction

Language used to teach students in an institution.

Harmonious Construction

Reading overlapping powers together to give effect to both; Union standards prevail on conflict.

• Kerala Education Bill (1957, Advisory): Minority identified with reference to State.
• St. Xavier’s College v. State of Gujarat (1974): Scope of Article 30(1) in administration.
• T.M.A. Pai Foundation v. State of Karnataka (2002): Detailed framework for minority education rights.