RT. REV. DR. JEROME M. FERNANDEZ Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) This writ petition is by the Bishop of Quilon who is the Manager of the Fathima Mata National College, Quilon, a college run by a minority community in this State, entitled to the fundamental rights guaranteed by Art.30(1) of the Constitution. The question agitated is regarding the vires of Chapter XXXVII. Statute 9 of the First Statute of 1972 replaced since the filing of this writ petition, by Chapter XXIII, Statute 21 of the First Statute of 1977.

(2.) The Principal of the College appointed by the Management took leave for a short while and the petitioner appointed one of the members of the Staff - not the seniormost - to perform the duties on the Principal during the absence of the permanent incumbent. The appointment had to be approved by the University under S.57 sub-section (9) of the Act. This was declined by Ext. P2 order of the Registrar and the writ petitioner has come up to quash Ext. P2 order and for a declaration that the provisions of the First Statute referred to above is violative of the fundamental right under Art.30(1) of the Constitution. We may notice the provisions of S.57 sub-sections (2), (3) and (9) of the Kerala University Act, 1974 which are as follows:

(3.) Counsel further emphasised the position with respect to the decision of the Supreme Court in St. Xaviers' College Case, AIR 1974 SC 1389 : The Ahmedabad St. Xavier College Society and Others v. State of Gujarat and Another, 1974 KHC 429 : 1974 (1) SCC 717 : 1975 (1) SCR 173 - paragraphs 135 to 137, 138, 144 and 142. Counsel else relied on Art.26(2) of the Universal Declaration of Human Rights 1948, Art.II of the Protocol for European Convention of Human Rights and Fundamental Problems, 1950. The Supreme Court decision highlights and emphasise's the paramount position of the minority community's rights, and the two international declaration emphasise the right of a parent to choose the educational institutions for the training of their children, and generally to direct and fashion their educational career.