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1980 Supreme(Ker) 169

V.BALAKRISHNA ERADI, T.CHANDRASEKHARA MENON, P.JANAKI AMMA, G.BALAGANGADHARAN NAIR, M.P.MENON
MANAGER, St JOSEPH S TRAINING COLLEGE – Appellant
Versus
UNIVERSITY APPELLATE TRIBUNAL – Respondent


Judgment :-

Balakrishna Eradi, J.

An important question relating to the constitutional validity of Sections 60 (7) and 61 of the Kerala University Act, 1974 (hereinafter called the Act) in relation to their applicability to educational institutions established and administered by a religious minority entitled to the protection of Article 30 (1) of the Constitution of India is raised in this batch of connected cases, which arise out of diverse proceedings between the same parties. In Benedict Mar Gregorios v. State of Kerala & Others, 1976 KLT. 458, a Full Bench of this Court had occasion to examine the validity of several of the provisions contained in the Act inclusive of Ss.60 and 61. The Full Bench upheld the constitutionality of Ss.60 and 61 observing that those provisions did not appear to be in any way offensive and "little was said against their validity". The writ petitioners in these cases contend that the said decision requires reconsideration in the light of the recent pronouncement of the Supreme Court in Lilly Kurien v. Sr. Lewina and others, AIR. 1979 SC. 52:1978 KLT. 723. In view of the said contention urged on behalf of the petitioners these cases have been placed be






















































































































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