K.S. Radhakrishnan, J.

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 (I), 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, dharna 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 Sojan 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(l )(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.

4. Students Organizations like Students Federation of India (SFI), Akhila Bharathiya Vidyarthi Parishat (ABVP) having its Central Office at Mumbai, All India Students Federation (AISF) having its Head Office at Delhi, Nationalist Students Congress (NSC) having its Head Office at New Delhi, Progressive Students Union (PSU), Kerala Students Union (I) (KSU (I), Kerala Students Congress (KSC) and Muslim Students Federation (MSF) have filed petitions for reviewing the judgment contending, inter alia, that Clause 9 is highly undemocratic, unreasonable and violative of Art. 19(1)(a) and (c) of the Constitution of India guaranteed to them. Few other organizations like AIDSO having its Head Office at Calcutta got themselves impleaded and supported those organisations. Contention was also raised that the judgment is vitiated by error apparent on the face of the record and the question decided was not germane for deciding the issue raised before the court.

5. Review petition was also filed by the organization of teachers by name Kerala Private College Teachers Association aggrieved by some of the observation contained in the judgment, though in principle they welcomed the judgment. Council of Principal's of Colleges in Kerala (Principal's Council) and All Kerala Private College Management's Association along with few Professors have also filed O.P.No 15204 of 1996 for a writ of mandamus directing the State of Kerala and the various Universities in the State to take appropriate steps to depoliticise the college campus and ensure peace and harmony in the college campus. O.P. No. 20917 of 1997 was filed by the Principal of St.Mary's College, Manarcadu and the Secretary of the Council of Principals in Kerala seeking a declaration that the formation or functioning of any politi