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.