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2004 Supreme(All) 1236

KAMAL KISHORE, JAGDISH BHALLA
Harold James – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Mohd.Arif Khan, P.K.Khare,

JAGDISH BHALLA, J.

( 1 ) LAW always is in a process of evolution. Laws, which were considered to be of much significance at the relevant time, by the efflux of time, became ineffective due to modernization, development and changing needs of the public. Earlier, the Courts used to issue directions that have all the necessary ingredients of being coined as an Instrumentality or Agency of the state but of late the Honble Supreme Court has laid down certain requirements to achieve ends of justice, which earlier could not be done under the prerogative writ of Mandamus. The words any person or authority used in Article 226 are, therefore, not to be confined only to statutory authorities and instrumentalities of the State. They may cover any other person or body performing public duty. Needless to mention that the courts will lose its efficacy if it cannot possibly respond to the need of the society.

( 2 ) IN State of Kerala v. Mother Provincial; AIR 1970 SC 2079 the Honble supreme Court observed that the right of the State to regulate education, educational standards and allied matters cannot be denied. The minority institutions cannot be allowed to fall below the standards of excellence
























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