The main legal point established in the judgment is the need to address the inadequacies in higher education by improving the quality of teaching and enforcing rules prohibiting private tuition by college teachers.

1. Petitioner highlights inadequacies in the field of higher education, and seeks redress therefor. The issues raised are matters of moment, touching on the fortunes of students in Universities.

2. Petitioner is the father of two under graduate students, in the St.Berchman's College, Changanacherry. He would say that his sons have the mental equipment to attain distinction in their studies, but that instruction imparted in the college, falls far below the level required, thus impairing prospectus of his wards. Petitioner submits that he cannot afford private tuition for his sons. Fall in standards is attributed to teachers failing in their duty, and diverting time and attention to private tuition. Dr.Vincent Panikulangara, counsel for petitioner referred to Ext.P1 and reports of Commissions to stress the point.

3. Statute 17(1) of the First Statutes of the Kerala University, which at the time, applied to the Gandhiji University (Mahatma Gandhi University) is referred to, by counsel. It reads:

"All teachers shall be full time teachers and they shall devote their entire time to the work of the college and shall not without the written permission of the Principal engage themselves in any other work of a remunerative nature".

Contrary to this, some teachers engage themselves in taking private tuition, neglecting their basic duties, according to petitioner. He would say that he had brought this to the notice of the 1st respondent and other authorities including Manager of the College, but to no avail.

4. In answer, the Manager-4th respondent submits that, he had made enquiries, but that did not find evidence of any malpractice. The cryptic counter affidavit of the Manager reminds one, of the proverbial ostrich burying its head. 1st respondent has been a little more explicit in the counter affidavit. It is stated that, as long as Statute 17 remains operative, teachers of private colleges cannot be prevented from taking private tuition. If so, the question would be, how long should Statute 17 remain, if it cannot meet the requirements of the situation. The Government however has stated that they are looking into the matter.

5. Every civilised society, in every age of human history, has given high priority to education and treated youth as the promise for the future. Teacher - taught relationship, a rich concept had influenced thinking of generations.

6. The State Government of Kerala themselves realised the importance of a properly oriented system. A Commission was set up in March, 1984 to inquire into the working of the Kerala University and to make recommendations, with a view towards excellence in learning. The Commission, was headed by Dr.Malcomm S.Adiseshayya, Fellow, Madras Institute of Development Studies. The other members were Rev.Dr.P.T.Chandy, formerly Vice Chancellor, Gorakhpur University and Prof. V.V.John, formerly Vice Chancellor, Jodhpur University. The Commission went into various aspects, of higher education including infrastructure for Universities and Colleges, governance of University peer assessment of University departments, and the like. A report was submitted on May 3,1985. Commission noted that higher education on the whole was in poor shape. It identified many causes for this. Fall in academic standards, paucity of trained teaching staff, organised employees' unions and process of politicisation were some of those. The Commission noticed, with a degree of anguish, that under-qualified persons were put on teaching jobs. It also felt that there was considerable pressure on the existing staff. The spurt in the number of students seeking higher education, was also noticed by the Commission. While in the year 1977,56,516 students sought admission into the Pre-degree Course, by 1982 the figure had arisen to 1,10,774. Infrastructure had not been developed, to meet the growing needs. The Adiseshayya Commission made recommendations touching several aspects. I do not propose to go into these, but would only refe