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1974 Supreme(Ker) 101

G.BALAGANGADHARAN NAIR, V.P.GOPALAN NAMBIYAR, V.KHALID
BENEDICT MAR GREGORIOS – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. These writ petitions challenge the provisions of the Kerala University Act, 1974 (Act 17 of 1974). The petitioners are the owners of private colleges, inasmuch as the legal title to the colleges vests in them. The colleges receive aid out of State funds. As observed by a Full Bench of this Court in V. Rev. Mother Provincial v. State of Kerala (1969 KLT. 749), although the legal title to the colleges vests in the petitioners it may be difficult to predicate that the beneficial interest in the properties of the colleges also vests in them.

2. The petitioner in O. P. No. 3801 of 1974 is the Archbishop of Trivandrum, who owns three colleges; the one in O. P. No. 3871 of 1974 is the Bishop of Quilon owning two colleges; the one in O. P. No. 3948 of 1974 is the Vicar-General of the Archdiocese of Changanacherry owning two colleges; the one in O. P. No. 4025 of 1974 is the Metropolitan of Marthomite Church owning four colleges; and the one in O.P. No. 4065 of 1974 is the Superior of the Christ Monastery of the C.M.I. Fathers, Irinjalakuda, owning one college.

3. This is the second or perhaps the third round of battle against the attempt of the State to control and regulate th


























































































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