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august 1970

Supreme Court of India · 1970-08-10

STATE OF KERALA, ETC. vs VERY REV. MOTHER PROVINCIAL, ETC.

Citation / case number
SC 1969/60145
Court
Supreme Court of India
Petitioner
STATE OF KERALA, ETC.
Respondent
VERY REV. MOTHER PROVINCIAL, ETC.
Bench
HIDAYATULLAH, M. (CJ)

Judgment text excerpt

The Supreme Court upheld the High Court's decision that sub-sections (2) and (4) of Sections 48 and 49 of the Kerala University Act, 1969 are ultra vires Article 30(1) of the Constitution, which protects the rights of minorities to establish and administer educational institutions. The Court found that the provisions imposed undue restrictions on the autonomy of minority educational institutions. However, it clarified that other provisions of the Act were not unconstitutional, thereby partially affirming the High Court's ruling.

STATE OF KERALA, ETC. vs VERY REV. MOTHER PROVINCIAL, ETC. · Niyam