KERALA STUDENTS UNION Vs. SOJAN FRANCIS

JUDGEMENT

(1.) Art.19 of the Constitution of India is not a carte - blanche enabling any citizen to exercise a fundamental right so as to encroach upon similar rights guaranteed to other citizen.

(2.) Managements of various Educational Institutions, Principals, Teachers and parents are aggrieved by the organizational activities of the various students organizations like SFI, ABVP, AISF, NSC, PSU, KSU (1), KSC, MSF etc. within the college campus which according to them violate the fundamental right guaranteed to the Managements under Art.19(1)(g) of the Constitution of India. They are also concerned with the constant call for strike, gherao, dharha etc. within the college campus disrupting the academic discipline. Several writ petitions questioning the interference of those students organisations were pending before this court when this court decided Sojan Francis's case, reported in 2003 (2) KLT 582 . Those writ petitions were not taken up along with Sojan Francis's case. Review petitions were filed by some of the students Organizations in Sajan Francis's case. Consequently we posted all the writ petitions and review petitions together for hearing.

(3.) This court in Sojan Francis v. M.G. University, 2003 (2) KLT 582, upheld guideline 9 of the College Calendar dealing with General Discipline by which political activism was strictly banned by Management" in the campus and students were forbidden to organise or attend meetings other than the official ones within the campus. While upholding Clause.9 relating to General Discipline, this court declared that the guideline banning political activities within the college campus and forbidding the students from organising or attending meetings other than the official ones within the campus is not designed to prohibit any of the fundamental rights of the students guaranteed under Art.19(1)(a) or (c) of the Constitution of India. This court held that educational institution established either by minority or majority community have got the fundamental rights guaranteed under Art.19(1)(g), 29(1), (2) and 30 of Constitution of India, as the case may be, and have the right to maintain discipline and orderly administration.