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september 1978

Supreme Court of India · 1978-09-11

RT. REV. MAGR. MARK NETTO vs GOVT. OF KERALA & ORS.

Citation / case number
SC 1976/61010
Court
Supreme Court of India
Petitioner
RT. REV. MAGR. MARK NETTO
Respondent
GOVT. OF KERALA & ORS.
Bench
CHANDRACHUD, Y.V. (CJ),SARKARIA, RANJIT SINGH,UNTWALIA, N.L.,REDDY, O. CHINNAPPA ,SEN, A.P.

Judgment text excerpt

The Supreme Court held that the refusal of the Regional Deputy Director to permit a minority educational institution to admit girl students was unconstitutional under Article 30(1) of the Constitution of India. The Court emphasized that while the right of minorities to administer educational institutions is not absolute, regulatory measures must not infringe upon their rights. The Court found that Rule 12(iii) of the Kerala Education Rules, 1959, allows for the admission of girls in boys' schools if no girls' schools are available, thus allowing the appeal and permitting the admission of girls in the appellant's school.

RT. REV. MAGR. MARK NETTO vs GOVT. OF KERALA & ORS. · Niyam