V.K. Bali, CJ.:

1. The Kerala Education Bill, 1957 contained many provisions imposing considerable State control over the management of Educational institutions in the State of Kerala, aided or recognised. The provisions which affected the aided institutions were much more stringent than those which would apply only to recognised institutions. The width of power of control sought to be assumed by the State appeared to the President of India to be calculated to raise doubts as to the constitutional validity of some of the provisions of the Bill as an infringement of some of the fundamental rights guaranteed to the minority communities by the Constitution. The President under Article 143(1) of the Constitution of India sought opinion of the Supreme Court on questions of law of public importance that had far reaching consequences. The Supreme Court in Re. Kerala Education Bill, 1957, AIR 1958 SC 956, for the first time dealt with the right of minority community to establish and maintain educational institutions and other related educational matters. Ever since the decision of the