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2004 Supreme(Ker) 64

K.S.RADHAKRISHNAN, K.PADMANABHAN NAIR
Kerala Students Union – Appellant
Versus
Sojan Francis – Respondent


Judgment :-

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 So











































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