STATE OF KERALA Vs. VERY REV MOTHER PROVINCIAL

JUDGEMENT

(1.) These appeals by certificates granted by the High Court of Kerala under Arts. 132 (1) and 133 (1) (c) of the Constitution are directed against a common Judgment, September 19, 1969, declaring certain provisions of the Kerala University Act, 1969 (Act 9 of 1969), to be ultra vires the Constitution of India while upholding the remaining Act as valid. They were heard together. This judgment will dispose of all of them. The validity of the Act was challenged in the High Court by diverse petitioners in 36 petitions under Art. 226 of the Constitution. Some parts of the Act were declared ultra vires the Constitution. As a result there are cross-appeals. 36 appeals have been filed against the several petitioners by the State of Kerala. Another 36 appeals have been filed by the University of Kerala which made common cause with the Government of Kerala. 7 appeals have been preferred by seven original petitioners, who seek a declaration that some other provisions of the Act, upheld by the High Court as valid, are also void.

(2.) The Kerala University Act, 1969 (which repealed and replaced the Kerala Univeristy Act, 1957 (Act 14 of 1957), was passed to reorganise the University of Kerala with a view to establishing a teaching, residential and affiliating University for the southern districts of the State of Kerala. Some of its provisions affected private colleges, particularly those founded by minority communities in the State. They were consequently challenged on various grounds. The petitions were consolidated in the High Court and were decided by the judgment and order under appeal.

(3.) Before we being to discuss these appeal we may say a few words about them. 33 petitioners belong to different denominations of the Christian community; 8 are Superiors of different Catholic Religious Congregations; 8 are Catholic Bishops representing their dioceses; 3 are Vicars of Catholic parishes; 5 are Boards of Associations constituted by different Catholic denominations for establishing colleges and other educational institutions and 3 are Bishops of the Malankara Orthodox Church. 4 petitioner have been filed by the Metropolitan of the Marthoma Syrian Church and 2 by the Madhya Kerala Diocese of the Church of South India. The remaining 3 petitions are respectively by private colleges founded and administered by Sri Sankara College Association Kalady, Sree Narayana Trusts, Quilon and the Nair Service Society, Changannacherry. The petitioners in the 33 petitions specially invoke the provisions of Art. 30 of the Constitution which protects and right of the minorities to establish and administer educational institutions of their choice. All the 36 petitions invoke Arts. 19 (1) (f), 31 and 14 of the Constitution.