BENEDICT MAR GREGORIOS Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions challenge the provisions of the Kerala University Act, 1974 (Act 17 of 1974). The petitioners are the owners of private colleges, inasmuch as the legal title to the colleges vests in them. The colleges receive aid out of State funds. As observed by a Full Bench of this Court in V. Rev. Mother Provincial v. State of Kerala ( 1969 KLT 749 ), although the legal title to the colleges vests in the petitioners it may be difficult to predicate that the beneficial interest in the properties of the colleges also vests in them.

(2.) The petitioner in O. P. No. 3801 of 1974 is the Archbishop of Trivandrum, who owns three colleges; the one in O. P. No. 3871 of 1974 is the Bishop of Quilon owning two colleges; the one in O. P. No. 3948 of 1974 is the Vicar General of the Archdiocese of Changanacherry owning two colleges; the one in O. P. No. 4025 of 1974 is the Metropolitan of Marthomite Church owning four colleges; and the one in O.P. No. 4065 of 1974 is the Superior of the Christ Monastery of the C.M.I. Fathers, Irinjalakuda, owning one college.

(3.) This is the second -- or perhaps the third -- round of battle against the attempt of the State to control and regulate the management and administration of the private colleges of the State: The first round was fought in the reference made in the advisory jurisdiction of the Supreme Court in In re Kerala Education Bill, 1957 ( AIR 1958 SC 956 ). The Supreme Court sustained some of the provisions of the Bill proposed to be enacted as an Act and held that certain Sections offended, in particular, Art.30(1) of the Constitution. After many years, the proposed legislation took shape as the Kerala University Act, 1969. Its vires was challenged before a Full Bench of this Court. It was ruled in V Rev Mother Provincial v. State of Kerala (1969 KLT 749) that certain Sections of the Act were bad as contravening Art.19(1)(f), and also Art.30(1) of the Constitution, as far as minority institutions are concerned. The decision was confirmed by the Supreme Court (vide State of Kerala v. Mother Provincial ( AIR 1970 SC 2079 ). Then came the University Act of 1974, herein impugned.