The main legal point established in the given judgment is that certain provisions of the Kerala University Act, 1969 were found to be offensive of Art.19 (1) (f) and Art.30 (1), and therefore void, while the remaining Act was upheld as valid.

Headnote:
Art.30 (1) - Kerala University Act, 1969 - S.47, S.48, S.49, S.53, S.55, S.58, S.63 - The court declared certain provisions of the Kerala University Act, 1969 to be ultra vires the Constitution of India while upholding the remaining Act as valid. The impugned Act consists of 78 sections divided into 9 chapters. The main attack in the petitions is against Chapter VIII headed 'Private colleges' consisting of S.47 to 61 and some provisions of chapter IX particularly S.63. The High Court has declared that certain sections are offensive of Art.19 (1) (f) in so far as citizen petitioners are concerned and additionally, in so far as the minority institutions are concerned, offensive to Art.30 (1), and therefore void. The petitions were, therefore, allowed except two petitions filed by companies since they were not entitled to the benefit of Art.30 (1) not being minority institutions and not entitled to the benefit of Art.31 (2) not being citizens. S.63 was held to offend Art.31(2) and not saved by Art.31A (1) (b) and this declaration was in favour of all the petitioners. It was also declared void as offending Art.30 (1) in so far as the minority institutions were concerned. The rest of the Act was declared to be valid and the challenge to it was rejected.
Fact of the Case:

The Kerala University Act, 1969 was challenged in the High Court by diverse petitioners in 36 petitions under Art.226 of the Constitution. Some parts of the Act were declared ultra vires the Constitution, resulting in cross appeals. The Act was passed to reorganize the University of Kerala with provisions affecting private colleges, particularly those founded by minority communities in the State.
Finding of the Court:

The court declared certain provisions of the Kerala University Act, 1969 to be ultra vires the Constitution of India while upholding the remaining Act as valid. The impugned Act consists of 78 sections divided into 9 chapters. The main attack in the petitions is against Chapter VIII headed 'Private colleges' consisting of S.47 to 61 and some provisions of chapter IX particularly S.63. The High Court has declared that certain sections are offensive of Art.19 (1) (f) in so far as citizen petitioners are concerned and additionally, in so far as the minority institutions are concerned, offensive to Art.30 (1), and therefore void. The petitions were, therefore, allowed except two petitions filed by companies since they were not entitled to the benefit of Art.30 (1) not being minority institutions and not entitled to the benefit of Art.31 (2) not being citizens. S.63 was held to offend Art.31(2) and not saved by Art.31A (1) (b) and this declaration was in favour of all the petitioners. It was also declared void as offending Art.30 (1) in so far as the minority institutions were concerned. The rest of the Act was declared to be valid and the challenge to it was rejected.
Issues: The validity of the Kerala University Act, 1969 was challenged in the High Court by diverse petitioners in 36 petitions under Art.226 of the Constitution. Some parts of the Act were declared ultra vires the Constitution, resulting in cross appeals. The Act was passed to reorganize the University of Kerala with provisions affecting private colleges, particularly those founded by minority communities in the State.
Ratio Decidendi: The court held that certain provisions of the Kerala University Act, 1969 were offensive of Art.19 (1) (f) in so far as citizen petitioners are concerned and additionally, in so far as the minority institutions are concerned, offensive to Art.30 (1), and therefore void. The petitions were, therefore, allowed except two petitions filed by companies since they were not entitled to the benefit of Art.30 (1) not being minority institutions and not entitled to the benefit of Art.31 (2) not being citizens. S.63 was held to offend Art.31(2) and not saved by Art.31A (1) (b) and this declaration was in favour of all the petitioners. It was also declared void as offending Art.30 (1) in so far as the minority institutions were concerned. The rest of the Act was declared to be valid and the challenge to it was rejected.
Final Decision: The court upheld the judgment of the High Court, declaring certain provisions of the Kerala University Act, 1969 to be ultra vires the Constitution of India while upholding the remaining Act as valid. The appeals of the State Government of Kerala and of the University were dismissed with costs, one set of hearing fees. The court did not accept the contentions of the seven appellants who challenged some of the other provisions of the Act except S.48 (6) and 49 (6) and did not consider it necessary to repeat what is said by the High Court. These appeals were dismissed except as to those sections but without costs. Dismissed.

Judgment :-

1. These appeals by certificates granted by the High Court of Kerala under Art.132 (1) and 133 (1) (c) of the Constitution are directed against a common judgment, September 19, 1969, declaring certain provisions of the Kerala University Act, 1969 (Act 9 of 1969) to be ultra vires the Constitution of India while upholding the remaining Act as valid. They were heard together. This judgment will dispose of all of them. The validity of the Act was challenged in the High Court by diverse petitioners in 36 petitions under Art.226 of the Constitution. Some parts of the Act were declared ultra vires the Constitution. As a result there are cross appeals. 36 appeals have been filed against the several petitioners by the State of Kerala. Another 36 appeals have been filed by the University of Kerala which made common cause with the Government of Kerala. 7 appeals have been preferred by seven original petitioners, who seek a declaration that some other provisions of the Act, upheld by the High Court as valid, are also void.

2. The Kerala University Act, 1969 (which repealed and replaced the Kerala University Act 1957 (Act 14 of 1957) was passed to reorganise the University of Kerala with a view to establishing a teaching, residential and affiliating University for the southern districts of the State of Kerala. Some of its provisions affected private colleges, particularly those founded by minority communities in the State. They were consequently challenged on various grounds. The petitions were consolidated in the High Court and were decided by the judgment and order under appeal.

3. Before we begin to discuss these appeals we may say a few words about them. 33 petitioners belong to different denominations of the Christian community; 8 are Superiors of different Catholic Religious Congregations; 8 are Catholic Bishops representing their dioceses; 3 are vicars of Catholic Parishes; 5 are Boards of Associations constituted by different Catholic denominations for establishing colleges and other educational institutions and 3 are Bishops of the Malankara Orthodox Church. 4 petitions have been filed by the Metropolitan of the Marthoma Syrian Church and 2 by the Madhya Kerala Diocese of the Church of South India. The remaining 3 petitions are respectively by private colleges founded and administered by Sri Sankara College Association Kalady, Sree Narayana Trusts, Quilon and the Nair Service Society, Changanacherry. The petitioners in the 33 petitions specially invoke the provisions of Art.30 of the Constitution which protects the right of minorities to establish and administer educational institutions of their choice. All the 36 petitions invoke Art.19 (1) (f), 31 and 14 of the Constitution.

4. The impugned Act consists of 78 sections divided into 9 chapters. The main attack in the petitions is against Chapter VIII headed 'Private colleges' consisting of S.47 to 61 and some provisions of chapter IX particularly S.63. The High Court has declared that Sub-sections (2) and (4) of S.48, Subsections (2) and (4) of S.49, sub-sections (1) (2), (3) and (9) of S.53, subsections (2) and (4) of S.56, S.58 (except to some extent) are offensive of Art.19 (1) (f) in so far as citizen petitioners are concerned and additionally, in so far as the minority institutions are concerned, offensive to Art.30 (1), and therefore void. The petitions were, therefore, allowed except two petitions (O.Ps. No. 2339 and 2796 of 1969) filed by Sree Sankara College Association and the Nair Service Society since the petitioners were companies and were not entitled to the benefit of Art.30 (1) not being minority institutions and not entitled to the benefit of Art.31 (2) not being citizens. S.63 was, however, held to offend Art.31(2) and not saved by Art.31A (1) (b) and this declaration was in favour of all the petitioners. It was also declared void as offending Art.30 (1) in so far as the minority institutions were concerned. The rest of the Act was declared to be valid

Click Here to Read the rest of this document

Judicial Analysis